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THE WRITIJTGS

OF

THOMAS JEFFERSON

\

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■•«*

MEMOIR,

CORRESPONDENCE,

AND

MISCELLANIES,

FROM THE PAPERS OF

THOMA8 JEFFERSON.

EDITED BY

THOMAS JEFFERSON RANDOLPH.

VOLUME I.

CHARLOTTESVILLE:
PUBLISHED BY F. CARK, AND CO.

1829.

9' *

,^i. ^

I

EASTERN DISTRICT OF VIRGINIA, <owi<.

)fif»»,n(<,»» Bf. it REMEMBERKn, tlmt OH tlio soventccntli day of January, in
I _ „ * the fifty-third year of tho Independence of the United States of
I ^^ I America, THOMAS JEFFERSON RANDOLPH, of the said Dis-
********* trict, hath deposited in this office tho title of a book, the right
whereof he claims as proprietor, in tho words following, to wit :

" Memoir, Correspondence, and Miscellanies, from the papers of Thomas
Jefferson. Edited by Thomas Jefferson Randolph.

In conformity to tho act of the Congress of tho United States, entitled
" An act for the encouragement of learning, by securing the copies of maps,
charts, and books, to the authors and proprietors of such copies, during the
|imes therein mentioned." RD. JEFFRIES,

Clrrk of the Eastern District of Virginia.

Jefferson Clark, Printer.

PREFACE.

The opinion universally entertained of the extraordinary abili-
ties of Thomas Jefferson, and the signal evidence given by his
country, of a profound sense of his patriotic services, and of vene-
ration for his memory, have induced the Editor, who is both his
Executor and the Legatee of his Manuscript papers, to believe
that an extensive publication from them, would be particularly
acceptable to the American people.

The Memoir, contained in the first volume, commences with
circumstantial notices of his earliest life ; and is continued to his
arrival in New York, in March, 1790, when he entered on the
duties of the Department of State, of which he had been just
appointed Secretary.

From the aspect of the Memoir, it may be presumed that parts
of it, at least, had been written for his own and his family's use
only ; and in a style without the finish of his revising pen. There
is, however, no part of it, minute and personal as it may be, which
the Reader would wish to have been passed over by the Editor ;
whilst not a few parts of that description, will, by some, be re-
garded with a particular interest.

The contents of the Memoir, succeeding the biographical pages,
may be designated as follows :

I. General facts and anecdotes relating to the origin and early
stages of the contest witli Great Britain.

II. Historical circumstances relating to the Confederation of
the States.

III. Facts and anecdotes, local and general, preliminary to the
Declaration of Independence.

i

VI

IV. An (^xart arconnt of tho cirrnmstancns attending that me-
morable aet, in its preparation and its progress through (congress;
with a copy from the original (h'aught, in the hand wrHing of the
Jlutlior; and a parallel column, in the same hand, shewing the
alterations made in the draught by CJongress.

The Memoir will be considered not a litde enriched by the
Debates in Congress, on the great question of Independence, as
they were taken down by Mr. Jefferson at the time, and which,
though in a compressed form, present the substance of what passed
on Uiat memorable occasion. This portion of the work derives
peculiar value from its perfect authenticity, being all in the hand
writing of that distinguished member of the body; from the cer-
tainty that this is the first disclosure to the world of tliose Debates;
and from the probability, or rather certainty, tliat a like knowledge
of them is not to be expected from any otlier source. The same
remarks are applicable to the Debates in the same Congress, pre-
served in the same manner, on two of the original Articles of
• Confederation. The first is the Article fixing the rate of assessing
the quotas of supply to the common Treasury : the second is the
Article which declares, " that in determining questions each Colony
shall iiave one vote." The Debates on both are not only inte-
resting in themselves, but curious, also, in relation to like discus-
sions of the same subjects on subsequent occasions.

V. Views of the connections and transactions of tlie United
States with foreign nations, at different periods; parUcularly, a
narrative, widi many details, personal and political, of the causes
and early course of the French Revolution, as exhibited to the
observation of the Author, during his diplomatic residence at Paris.
The narrative, with the intermingled reflections on the character
and consequences of that Revolution, fill a considerable space in
die Memoir, and form a very important part of it.

VI. Within the body of tlie Memoir, or referred to as an appen-
dix, are other papers which were thought well entitled to the place
they occupy. Among them, are, 1 . A paper drawn up in the year
1774, as " Instructions to our Delegates in Congress." Though

I I

'-V

vB

herotofore in imIiu, il will ho new to most roadors ; and will be
regarded by ail, as the most ample and precise ciuiineration of
British violations that had then appeared, or, perhaps, that has
since been presented in a form at once so compact and so com-
plete. 2. A Penal code, being part of a Revised Code of Laws,
prepared by appointment of the Legislatnre of Virginia, in 1 77G,
with reference to tlie Republican form of (Jovernnient, and to the
principles of humanity congenial therewith, and with the imju'ov-
ing spirit of the age. Annexed to Uie several articles, are ex-
planatory and other remarks of the Author, worthy of being ])re-
served by the aid of the press. 3. A historical and critical
review of the repeal of tlie laws establishing the Church in Vir-
ginia ; which was followed by the " Act for establishing religious
freedom." This act, it is well known, was always held by Mr.
Jefferson to be one of his best efforts in the cause of liberty, to
which he was devoted : and it is certainly the strongest legal bar-
rier that could be erected against a connection between Church
and State, so fatal in its tendency to the purity of both. 4. An
elaborate paper concerning a Money Unit, prepared in the year
1784, and which laid the foundation of the system adopted by
Congress, for a coinage and money of account. For other parti-
culars, not here noted, the Reader is referred to the volume itself.

The termination of the Memoir, at the date mentioned, by the
Author, may be explained by tlie laborious tasks assumed or not
declined by him, on his return to private life ; which, witli his
great age, did not permit him to reduce his materials into a state
proper to be embodied in such a work.

The other volumes contain, I. Letters from 1775, to his death,
addressed to a very great variety of individuals ; and comprising
a range of information, and in many instances, regular essays, on
subjects of History, Politics, Science, Morals and Religion. The
letters to him are omitted except in a very few instances, where
it was supposed their publication would be generally acceptable,
from the important character of the communication, or the general
interest in the views of the writer ; or where the whole or a pari of
a letter had been filed for the better undcrstandiim of tlit answer.

^

:

viU

In llicsc coses, sucli IlMUms arc inserted in llie body of the work, or
in an appendix, us their inii>ortunce, and connection willi tlie sub-
ject discussed by the Author, rendered advisable. And where
inferences iVorn tlie tenor ol ijjo answer, niij!;ht in any way afleci
tiic correspondent, his name does not appear in Uie copy filed.
The historical parts of the letters, and the entire publication, have
the rare value of coining froin one of Uic chief actors himself,
and of being written, not for the public eye, but in Uiu freedom
and confidence of private friendship.

II. Notes of conversations, whilst Secretary of Stale, vviiii Pre-
sident Washington, and oUiers high in office ; and memoranda of
Cabinet Councils, committed to paper on the spot, and filed ; die
whole, with the explanatory and miscellaneous additions, shewing
die views and tendencies of parties, from the year 1789 to 1800.

Appended to die publication, is a ' Fac simile' of die rough
draught of the Declaration of Independence, in which will be
seen the ei asures, interlineations and additions of Dr. Franklin
and Mr. Adams, two of die appointed Committee, in the hand
writing of each.

The Editor, Uiough he cannot be insensible to die genius, the
learning, die philoso})hic inspiration, the generous devotion to vir-
tue, and die love of country, displayed in die writings now com-
mitted to die press, is restrained, not less by his incompetency,
dian by his relation to the Audior, from dwelling on dienies which
belong to an eloquence diat can do justice to die names of illus-
trious benefactors to their countiy and to dieu- fellow men.

Albemarle, Va. January, 1829.

work, 1)1"

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In.

TABLE OF CONTENTS.

Page.
Memoir -..1

Appendix to Memoir 01

Correspondence 149

Appendix to Correspondence 451

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NOTICE.

The Fac simile of the rough draught of the Declaration of
Independence, was not engraved in time, to be inserted in its
appropriate place in this volume. It is, therefore, appended to

a subsequent one.

The notes inclosed in brackets, are by the Editor. In one
instance only, (page 29 of this volume) this mark of distinction
has been accidentally omitted.

A list of the principal errata, will be fouiul at the close of the
la^t volume. . " .

-■«*

k^

j^

■I

MEMOIR

January 6, 1821. At the age of 77, I begin to make some
memoranda, and state some recollections of dates and facts con-
cerning myself, for my own more ready reference, and for the
information of my family.

The tradition in my father's family was, that their ancestor came
to this country from Wales, and from near the mountain of Snow-
den, the highest in Great Britain. I noted once a case from
Wales, in the law reports, where a person of our name was either
plaintiff or defendant ; and one of the same name was secretary
to the Virginia Company. These are the only instances in which
I have met with the name in that country. I have found it in our
early records ; but the first particular information I have of any
ancestor was of my grandfather, who lived at the place in Ches-
terfield called Ozborne's, and owned the lands afterwards the glebe
of the parish. He had three sons ; Thomas who died young. Field
who settled on the waters of Roanoke and left numerous descend-
ants, and Peter, my father, who settled on the lands I still own,
called Shadwell, adjoining my present residence. He was bom
February 29, 1707-8, and intermarried 1 739, with Jane Ran-
dolph, of the age of 19, daughter of Isham Randolph, one of tfie
seven sons of that name and family settled at Dungeoness in
Goochland. They trace their pedigree far back in England anu
Scodand, to which let every one ascribe the faith and merit he
chooses.

My father's education had been quite neglected ; but being
of a strong mind, sound judgment, and eager after information, he
read much and improved himself, insomuch that he was chosen,
with Joshua Fry,, professor of Mathematics in William and Mary
college, to continue the boundary line between Virginia and Nortfi
Carolina, which had been begun by Colonel Byrd ; and was after-
wards employed with the same Mr. Fry, to make the first map of
Virginia which had ever been made, that of Captain Smith being

VOL. I.

1

' ;?

merely a conjectural sketch. They possessed excellent materials
for so much of the country as is below the blue ridge ; little being
then known beyond that ridge. He was the third or fourth settler,
about the year 1737, of the part of the country in which I live.
He died August 17th, 1757, leaving my mother a widow, who
lived till 1776, widi six daughters and two sons, myself the elder.
To my younger brother he left his estate on James river, called
Snowden, after the supposed birth place of ihe family :• to myself,
the lands on which I was bom and live. He placed me at the
English school at five years of age ; and at the Latin at nine,
where I continued until his death. My teacher, Mr. Douglas, a
clergyman from Scotland, with the rudiments of the Latin and
Greek Ismguages, taught me the French ; and on the death of my
father, I went to tlie Reverend Mr. Maury ,N a correct classical
scholar, with whom I cdStmued two years ;"and then, to wit, in
the spring of 1760, went to William and Mary college where I
continued two years. It was my great good fortune, and what
probably fixed the destinies of my life, that Dr. William Small of
Scotland, was then professor of Mathematics, a man profound in
most of the useful branches of science, with a happy talent of
communication, correct and gentlemanly manners, and an enlarged
and liberal mind. He, most happily for me, became soon attached
to me, and made me his daily companion when not engaged in
the school ; and from his conversation I got my first views of the
expansion of science, and of tiie system of things in which we are
placed. Fortunately, the philosophical chair became vacant soon
after my arrival at college, and he was appointed to fill it per in-
terim : and he was the first who ever gave, in that college, regular
lectures in Ethics, Rhetoric and Belles lettres. He returned to
Europe in 1762, having previously filled up the measure of his
goodness to me, by procuring for me, from his most intimate friend
George Wydie, a reception as a student of law, under his direction,
and introduced me to the acquaintance and familiar table of Go-
vernor Fauquier, the ablest man who had ever filled that office.
With him, and at his table, Dr. Small and Mr. Wythe, his amid
omnium horarum, and myself, formed a partie quarree, and to the
habitual conversations on these occasions I owed much instruction.
Mr. Wythe continued to be my faithful and beloved mentor in
youth, and my most aflfectionate friend through life. In 1767, he
led me into the practice of the law at the bar of the General
court, at which I continued until the Kevolution shut up the courts
of justice.*

* For a sketch of the life and character of Mr. Wythe, see my letter of Au-
gust 'M, 1820, to Mr. John Suunderson. [See Appendix, note A.]

le courts

In 1769, 1 became a member of the legislature by the choice of
the county in which I live, and so continued until it was closed by
the Revolution. I made one effort in that body for the permission
of the emancipation of slaves, which was rejected : and indeed,
during the regal government, nothing liberal could expect success.
Our minds were circiimscribed within narrow limits, by an habi-
tual belief tliat it was our duty to be subordinate to the mother
country in all matters of government, to direct all our labors in sub-
servience to her interests, and even to observe a bigoted intoler-
ance for all religions but hers. The difficulties with our represen-
tatives were of habit and despair, not of reflection and conviction.
Experience soon proved that tliey could bring tlieir minds to rights,
on the first summons of their attention. But the King's Council,
which acted as another house of legislature, held their places at
will, and were in most humble obedience to tliat will : the Go-
vernor too, who had a negative on our laws, held by the same te-
nure, and with still greater devotedness to it : and, last of all, the
Royal negative closed the last door to every hope of amelioration.

On the 1st of January, 1772, I was married to Martha Skelton,
widow of Bathurst Skelton, and daughter of John Wayles, then
twenty-tliree years old. Mr. Wayles was a lawyer of much prac-
tice, to which he was introduced more by his great industry, punc-
tuality and practical readiness, than by eminence in the science of
his profession. He was a most agreeable companion, full of plea-
santry and good humor, and welcomed in every society. He ac-
quired a handsome fortune, and died in May, 1773, leaving three
daughters : tlie portion which came on that event to Mrs. Jeffer-
son, after the debts should be paid, which were very considerable,
was about equal to my own patrimony, and consequently doubled
tlie ease of our circumstances.

When the famous Resolutions of 1765, against the Stamp-act,
were proposed, I was yet a student of law in Williamsburg. I at-
tended the debate, however, at the door of the lobby of the
House of Burgesses, and heard the splendid display of Mr. Hen-
ry's talents as a popular orator. They were great indeed ; such
as I have never heard from any other man. He appeared to me
to speak as Homer wrote. Mr. Johnson, a lawyer, and member
from the Northern neck, seconded the resolutions, and by him
the learning and logic of the case were chiefly maintained. My
recollections of these transactions may be seen page 60 of the life
of Patrick Henry, by Wirt, to whom I furnished them.

In May, 1769, a meeting of the General Assembly was called
by tlie Governor, Lord Botetourt. I had then become a member ;
and to that meeting became known the joint resolutions and ad-

dress of the Lords and Commons of 1768-9, on tlie proceedings
in Massachusetts. Counter-resolutions, and an address to the
King by the House of Burgesses, were agreed to with litde oppo-
sition, and a spirit manifestly displayed itself of considering the
cause of Massachusetts as a common one. The Governor dissolv-
ed us : but we met the next day in Uje Apollo* of the Raleigh
tavern, formed ourselves into a voluntary convention, drew up ar-
ticles of association against the use of any merchandise imported
from Great Britain, signed and recommended Uiem to tiie people,
repaired to our several counties, and were re-elected witiiout any
other exception than of the very few who had declined assent to
our proceedings.

Nothing of particular excitement occurring for a considerable
time^ our countrymen seemed to fall into a state of insensibility to
our situation ; the duty on tea, not yet repealed, and the decla-
ratory act of a right in tiie British Parliament, to bind us by their
laws in all cases whatsoever, still suspended over us. But a
court of enquiry held in Rhode Island in 1762, with a power to
send persons to England to be tried for offences committed here,
was considered, at our session of the spring of 1773, as demanding
attention. Not tiiinking our old and leading members up to the
point of forwardness and zeal which the times required, Mr. Hen-
ry, Richard Henry Lee, Francis L. Lee, Mr. Carr and myself
agreed to meet in the evening, in a private room of the Raleigh, to
consult on the state of things. There may have been a member
or two more whom I do not recollect. We were all sensible that
the most urgent of all measures was that of coming to an under-
standing with all the other colonies, to consider die British claims
as a common cause to all, and to produce a unity of action : and
for this purpose that a committee of correspondence in each co-
lony would be the best instrument for intercommunication : and
that their first measure would probably be, to propose a meeting of
deputies from every colony, at some central place, who should
be charged with the direction of the measures which should be ta-
ken by all. We therefore drew up the resolutions which may be
seen in Wirt, page 87. The consulting members proposed to me
to move them, but I urged that it should be done by Mr. Carr, my
friend and brother-in-law, then a new member, to whom I wished
an opportunity should be given of making knovm to the house his
great worth and talents. It was so agreed ; he moved them, they
were agreed to nem. con. and a committee of correspondence ap-
pointed, of whom Peyton Randolph, the speaker, was chairman.

[* The naiiiQ of a public room in the llalci<jli.]

The Governor (then Lord Dunmore) dissolved us, but the com-
mittee met the next daj', prepared a circular letter to the speakers
of the other colonies, inclosing to each a copy of tlie resolutions,
and left it in charge with their chairman to forward tliem by ex-
presses.

The origination of these committees of correspondence between
tlie colonies, has been since claimed for Massachusetts, and Mar-
shall* has given into this error, although the very note of his ap-
pendix to which he refers, shows that tlieir establishment was con-
fined to their own towns. This matter will be seen clearly stated
in a letter of Samuel Adams Wells to me of April 2nd, 1819, and
my answer of May 12th. I was corrected by the letter of Mr.
Wells in die information I had given Mr. Wirt, as stated in his
note, page 87, that the messengers of Massachusetts and Virginia
crossed each other on the way, bearing similar propositions ; foi
Mr. Wells shows that Massachusetts did not adopt tlie measure,
but on the receipt of our proposition, delivered at their next ses-
sion. Their message, Uierefore, which passed ours, must have re-
lated to sometliing else, for I well remember Peyton Randolph's in-
forming me of the crossing of our messengers.f

The next event which excitiid our sympathies for Massachusetts,
was the Boston port bill, by which that port was to be shut up on
die 1st of June, 1774. This arrived while we were in session in
die spring of that year. The lead in the House, on diese subjects,
being no longer left to the old members, Mr. Henry, R. H. Lee,
Fr. L. Lee> three or four other members, whom I do not recol-
lect, and myself, agreeing that we must boldly take an unequivocal
stand in the line with Massachusetts, determined to meet and con-
sult on the proper measures, in die council chaniber, for die ben-
efit of the library in diat room. We were under conviction of the
necessity of arousing our people from die lediargy into which they
had fallen, as to passing events ; and thought that die appointrpent
of a day of general fasting and prayer, would be most likely to
call up and alarm their attention. No example of such a solem-
nity had existed since the days of our distresses in the war of '55,
since which a new generation had grown up. With the help,
therefore, of Rushworth, whom we rummaged over for the revo-
lutionary precedents and forms of the Puritans of diat day, pre-
served by him, we cooked up a resolution, somew^hat modernizing
their phrases, for appointing the 1st day of June, on which the por.
bill was to commence, for a day of fastijig, huiiiiliajion and prayer,

* Life of Washington, vol. ii. p. 151.
[I Sec Appendix, note B.]

* *-

,

!f

to implore Heaven to avert from us the evils of civil war, to in-
spire us with firmness in support of our rights, and to turn the
hearts of the King and Parliament to moderation and justice. To
give greater emphasis to our proposition, we agreed to wait tlie
next morning on Mr. Nicholas, whose grave and religious charac-
ter was more in unison with the tone of our resolution, and to so-
licit him to move it. We accordingly went to him in the morning.
He moved it tlie same day; the 1st of June was proposed; and
it passed without opposition. The Governor dissolved us, as usual.
We retired to the Apollo, as before, agreed to an association, and
instructed the committee of correspondence to propose to the cor-
responding committees of the otlier colonies, to appoint deputies
to meet in Congress at such place, annually, as should be con-
venient, to direct, from time to time, the measures required by the
general interest : and we declared that an attack on any one colony,
should be considered as an attack on the whole. This was in
May. We further recommended to the several counties to elect
deputies to meet ^ t Williamsburg, the 1st of August ensuing, to
consider the state of the colony, and particularly to appoint dele-
gates to a general Congress, should that measure be acceded to
by the committees of correspondence generally. It was acceded
to ; Philadelphia was appointed for the place, and the 5th of Sep-
tember for the time of meeting. We returned home, and in our
several counties invited tlie clergy to meet assemblies of the peo-
ple on the 1st of June, to perform tlie ceremonies of the day, and
to address to them discourses suited to tlie occasion. The people
met generally, with anxiety and alarm in tlieir countenances, and the
effect of the day, tlirough the whole colony, was like a shock of
electricity, arousing every man and placing him erect and solidly
on his centre. They chose, universally, delegates for the conven-
tion. Being elected one for my own county, I prepared a draught
of instructions to be given to tlie delegates whom we should send
to the Congress, which I meant to propose at our meeting.* In
tliis I took the ground that, from tlie beginning, I had thought die
only one orthodox or tenable, which was, tliat the relation between
Great Britain and Uiese colonies was exactly the same as tliat of
England and Scotland, after the accession of James and until the
union, and the same as her present relations with Hanover, having
tiie same executive chief, but no other necessary political con-
nection ; and tiiat our emigration from England to tliis country gave
her no more rights o. '^'* us, than the emigrations of the Danes and
Saxons gave to the present auUiorilies of tlie mother country, over

[* See Appendix, Hotc C]

'iS

* ^

England. In this doctrine, however, I had never been able to get
any one to agree with me but Mr. Wvthe. He concurred in it
from the first dawn of the question. What was tlie political rela-
tion between us and England ? Our other patriots, Randolph,
the Lees, Nicholas, Pendleton, stopped at the half way house of
John Dickinson, who admitted that England had a right to regulate
our commerce, and to lay duties on it for the purposes of regula-
tion, but not of raising revenue. But for this ground there was
no foundation in compact, in any acknowledged principles of colo-
nization, nor in reason : expatriation being a natural right, and
acted on as such, by all nations, in all ages. I set out for Wil-
liamsburg some days before that appointed for our meeting, but
was taken ill of a dysentery on tlie road, and was unable lo proceed.
I sent on, tlierefore, to Williamsburg two copies of my draught, the
one under cover to Peyton Randolph, who I knew would be in the
chair of the convention, the other to Patrick Henry. Whether
Mr. Henry disapproved the ground taken, or was too lazy to read
it (for he was the laziest man in reading I ever knew) I never
learned : but he communicated it to nobody. Peyton Randolph
informed the convention he had received such a paper from a
member, prevented by sickness from offering it in his place, and
he laid it on the table for perusal. It was read generally by the
members, approved by many, though thought too bold for tlie pre-
sent state of things ; but they printed it in pamphlet form, under
the title of ' A summary view of the rights of British America.' It
found its way to England, was taken up by the opposition, interpo-
lated a little by Mr. Burke so as to make it answer opposition pur-
poses, and in that form ran rapidly through several editions. This
information I had from Parson Hurt, who happened at the time to
be in London, whither he had gone to receive clerical orders ; and
I was informed afterwards by Peyton Randolph, that it had pro-
cured me the honor of having my name inserted in a long list of
proscriptions, enrolled in a bill of attainder commenced in one of
the Houses of Parliament, but suppressed in embryo by the hasty
step of events, which warned tliem to be a litde cautious. Mon-
tague, agent of tlie House of Burgesses in England, made extracts
from the bill, copied the names, and sent them to Peyton Randolph.
The names I think were about twenty, which he rejliated to me,
but I recollect those only of Hancock, the two Adamses, Peyton
Randolph himself, Patrick Henry, and myself.* The convention
met on the 1st of August, renewed their association, appointed dele-
gates to the Congress, gave them instructions very temoerately and

See Girardin's History of Virginia, Appendix No. 12. note.

8

properly expressed, both ps lo style and matter ;* and they repair-
ed to Philadelphia at the time appointed. The splendi4 proceed-
ings of that Congress, at their first session, belong to genel-al history,
are known to ever}-^ one, and need not therefore be noted here.
They terminated their session on the 26th of October, to meet
again on the 10th of May ensuing. The convention, at tlieir ensu-
ing session of March '75, approved of the proceedings of Con-
gress, thanked their delegates, and reappointed tlie same persons
to represent the colony at the meeting to be held in May : and
foreseeing the probability that Peyton Randolph, their president,
and speaker also of the House of Burgesses, might be called off,
they added me, in that event, to the delegation.

Mr. Randolph was according to expectation obliged to leave the
chair of Congress, to attend the General Assembly summoned by
Lord Dunmore, to meet on the 1st day of June, 1775. Lord
North's conciliatory propositions, as they were called, had been
received by the Governor, and furnished the subject for which this
assembly was convened. Mr. Randolph accordingly attended, and
the tenor of these propositions being generally known, as having
been addressed to all the governors, he was anxious that the an-
swer of our Assembly, likely to be the first, should harmonise with
what he knew to be the sentiments and wishes of the body he had
recently left. He feared that Mr. Nicholas, whose mind was not
yet up to the mark of llie times, would undertake the answer, and
therefore pressed me to prepare it. I did so, and, with his aid,
carried it through the House, with long and doubtful scruples from
Mr. Nicholas and James Mercer, and a dash of cold water on it
here and there, enfeebling it somewhat, but finally with unanimity,
or a vote approaching it. This being passed, I repaired imme-
diately to Philadelphia, and conveyed to Congress the first notice
they had of it. It was entirely approved there. I took my seat
with them on the 21st of June. On the 24th, a committee which
had been appointed to prepare a declaration of the causes of tak-
ing up arms, brought in their report (drawn I believe by J. Rut-
ledge) which, not being liked, the House recommitted it, on the
26tJi, and added Mr. Dickinson and myself to the committee. On
the rising of the House, the committee having not yet met, I hap-
pened to fiil#myself near Governor W. Livingston, and proposed
to him to draw the paper. He excused himself and proposed
that I should draw it. On my pressing him with urgency, ' we
are as yet but new acquaintances, sir,' said he, ' why are you so
earnest for my doing it ?' * because,' said I, ' I have been informed

.'.tf^t-f 41 !''*■

-"5

[* See Appendix, note D.]

^

\\

9

irsl notice

that you drew ilio Address to the |)t'oplo of Great Britain, a
production, certainly, of the finest |)cn in America.' ' On tliat,'
says he, ' pcrliaps, sir, you may not have been correctly hifonned.'
1 had received the information in Virginia from Colonel Harrison
on his return from Unit Congress. Lee, Livingston and Jay had
been the committee for that draught. The first, prepared by Lee,
had been disapproved and reconnnittcd. The second was drawn
by Jay, but being presented by Governor Livingston, had led Co-
lonel Harrison into the error. The next morning, walking in tlie
hall of Congress, many members being assembled, but the House
not yet formed, I observed Mr. Jay, spealcing to R. H. Lee, and
leading him by the button of his coat to me. ' I understand, sir,'
said he to me, ' that this gentleman informed you, that Governor
Livingston drew the Address to die people of Great Britain.' I
assured him, at once, that ' had not received Uiat information from
Mr. Lee, and diat not a word had ever passed on the subject be-
t\Veen Mr. Lee and myself; and after souk; explanations the
subject was dropped. These genUemen had had some sparrings
in debate before, and continued ever very hostile to each other.

I pre[)ared a draugiii of the declaration committed to us. It
was too strong for Mr. Dickinson. He still retained the hope of
reconciliation with the motiier country, and was unwilling it should
be lessened by offensive statements. He was so honest a man,-
and so able a one, diat he was greatly indulged even by tliose who
could not feel his scruples. We therefore requested him to take
the pa])er, and put it into a form he could approve. He did so,
preparing an entire new statement, and preserving of the former
only die last four paragra})hs and half of the preceding one. We
approved and reported it to Congress, who accepted it. Congress
gave a signal proof of their indulgence to Mr. Dickinson, and of
Uieir great desire not to go too fast for any respectable part of our
body, in permitting him to draw their second petition to the King
according to his own ideas, and passing it with scarcely any amend-
ment. The disgust against its humility was general; and Mr.
Dickinson's delight at its passage was ttie only circumstance which
reconsk'led them to it. The vote being passed, although further
observation on it was out of order, he could not refrain from rising
and expressing his satisfaction, and concluded by saying * there is
but one word, Mr. President, in die paper which I disapprove, and
that is the word Congress ;' on which Ben Harrison rose and said
' there is but one word in the paper, Mr. President, of which I
approve, and that is the word Congress.^

On die 22nd of July, Dr. Franklin, Mr. Adams, R. H. Lee
and myself were appointed a committee to consider and report on

VOL. !. 2

10

Lord Norlli'b conciliatory resolution. The answer of the Virginia
Assembly on tliat subject having been approved, I was requested
by the committee to prepare this report, which will account for the
similarity of feature in the two instnunents.

On the ir)th of May, 1776, the convention of Virginia instructed
their delegates in Congre «» propose to that body to declare the
colonies independent of Gi ^Jritain, and appointed a committee
to prepare a declaration of rights and plan of government.

*In Congress, Friday, June 7, 1770. The delegates from Vir-
ginia moved, in obedience to instructions from their constituents,
tJiat the Congress should declare that these United colonies are,
and of right ought to be, free and independent stales, that they are
absolved from all allegiance to the British crown, and that all po-
litical connection between diem and the state of Great Britain is,
and ought to be, totally dissolved ; that measures should be imme-
diately taken for procuring the assistance of foreign powers, and a
Confederation be formed to hind tlu^ colonies more closely to-
gether.

The House being obliged to attend at that time to some otlier
business, die proposition was referred to die next day, when the
members were ordered to attend punctually at ten o'clock.

Saturday, June 8. They proceeded to take it into considera-
•tion, and referred it to a committee of die whole, into which they
immediately resolved themselves, and passed that day and Monday
the 10th in debating on the subject.

It was argued by Wilson, Robert R. Livingston, E. Rudedge,
Dickinson and others —

That, though they were friends to the measures themselves, and
saw the impossibility that we should ever again be united with Great
Britain, yet they were against adopting diem at diis time :

That the conduct we had formerly observed was wise and pro-
per now, of deferring to take any capital step till the voice of die
people drove us into it :

That they were our power, and without diem our declaradons
could not be carried into effect :

That the people of the middle colonies (Maryland, Delaware,
Pennsylvania, the Jerseys and New York) were not yet ripe for
bidding adieu to British connection, but that they were fast ripen-
ing, and, in a short time, would join in the general voice of
America :

[* Here, in the original manuscript, commence the ' two preceding sheets'
Terarred to by Mr. Jefferson, page 20, as containing ' notes' taiiea by him
'' whilst these things were going on.' They are easily distinguished from the
body of the MS. in which thev were inserted by him, being of a paper very
diiBiBrent in size, quality and color, from tliat on which tlie latter is yirxitien.}

11

Tliat the resolution, entered into by this House on tlie 15th of
May, for suppressing the exercise of all powers derived from the
crown, had shewn, by the ferment into which it had thrown these
middle colonics, that they had not yet accommodated tlieir minds
to a separation from the mother country :

That some of tliem had expressly forbidden their delegates to
consent to such a declaration, and otlicrs had given no instructions,
and consequently no powers to give .uch consent :

Thai if tlie delegates of any particular colony had no power to
declare such colony independent, certain they were, the others
could not declare it for Uiem ; die colonies being as yet perfectly
independent of each odier :

That the assembly of Pennsylvania was now sitting above stairs,
their convention would sit wiUiin a few days, the' convention of
New York was now sitdng, and Uiose of die Jerseys and Delaware
counties would meet on die Monday following, and it was probable
these bodies would take up the question of Independence, and would
declare to their delegates the voice of their state :

That if such a declaration should now be agreed to, these de-
legates must retire, and possibly their colonies might secede from
the Union :

That such a secession would weaken us more than could be
compensated by any foreign alliance :

That in the event, of such a division, foreign powers would
either refuse to join themselves to our fortunes, or, having us so
much in their power as that desperate declaration would place us,
they would insist on terms proporUonably more hard and preju-
dicial :

That we had litde reason to expect an alliance with those to
whom alone, as yet, we had cast our eyes ;

That France and Spain had reason to be jealous of that rising
power, which would one day certainly strip them of all their Ame-
rican possesions :

That it was more likely they should form a connection with the
British court, who, if they should find themselves unable otherwise
to extricate tliemselves from their difficulties, would agree to a par-
tition of our territories, restoring Canada to France, and the Flori-
das to Spain, to accomplish for themselves a recovery of these
colonies :

That it would not be long before we should receive certain in-
formation of the disposition of die French court, from the agent
whom we had sent to Paris for that purpose :

That if this disposition should be favorable, by waiting the event
of the present campaign, which we all hoped would be success-
ful, we should have reason to expect an alliance on better terms :

i

13

That this would in fact work no dolay of any effectual aid from
such ally, as, from tho ndvanco of tho scnran and distance of our
situation, it was injpoasible we could receive any assi.stance during
this cam|>aign :

That It was prudent to fix among ourselves the terms on which
we would form alliance, before we declared we would form oue
at all events :

And diat if these were agreed on, and our Declaration of Inde-
pendence ready by the time our Ambassador should be prepared
to sail, it would be as well, as to go into that Declaration at this
day.

On the other side, it was urged by J. Adams, Lee, Wythe and
others, that no gentleman had argued against the policy or the right
of separation from Britain, nor hat' supj)osod it possible we should
ever renew our connection j that they had only op|)Osed its being
now declared :

That the question was not whether, by a Declaration of Inde-
pendence, we should make ourselves what we are not ; but
whether we should declare a fact which already exists :

That, as to the people or parliament of England, we had always
been independent of them, their restraints on our trade deriving
efficacy from our acquiescence only, and not from any rights diey
possessed of imposing tliem, and that so far, our connection had
been federal only, and was now dissolved by the commencement
of hostilities :

That, as to the King, we had been bound to him by allegiance,
but that tliis bond was now dissolved by his assent to the late act
of parliament, by which he declares us out of his protection, and
by his levying war on us, a fact which had long ago proved us out
of his protection ; it being a certain position in law, that allegiance
and protection are reciprocal, the one ceasing when tlie other is
withdrawn :

That James the II. never declared the people of England out
of his protection, yet his actions proved it and tlie parliament de-
clared it :

No delegates then can be denied, or ever want, a power of
declaring an existent trutli :

That the delegates from the Delaware counties having declared
their constituents ready to join, thei- ^re only two colonies, Penn-
sylvania and Maryland, whose delegates are absolutely tied up, and
that these had, by their instructions, only reserved a right of con-
firming or rejecting the measure :

That the instructions from Pennsylvania might be accounted for
from the times in which tliey were drawn, near a twelvemonth
ago, since which the face of affairs has totally changed :

13

That within that time, it had become apparent that Britain was
determined to accept nothing less than a carte-blanehe^ and that
tlje King's answer to the Ix)rd Mayor, Aldermen and Common
Council of London, whicti had come to hand four days ago, must
have satisfied every one of this (mint :

That die |)eople wait for us to lead the way :

That they are in favour of die measure, Uiough the instructions
given by some of dieir representatives are not :

That the voice of the representatives is not always consonant
with the voice of the people, and that Uiis is remarkably die case
in these middle colonies :

That the effect of die resolution of the 1 5th of May has proved
this, which, raising the murmurs of some in die colonies of Penn-
sylvania and Maryland, called forth the opposing voice of the freer
part of the people, and proved them to be die majority even m
diese colonies :

That the backwardness of these two colonies might be ascribed,
partly to the influence of proprietary power and connections, and
partly, to their having not yet been attacked by die enemy :

That diese causes were not likely to be soon removed, as there
seemed no probability that the enemy would make either of these
the seat of this summer's war :

That it would be vain to wait either weeks or mondis for perfect
unanimity, since it was impossible that all men should ever become
of one sentiment on any quesrion :

That the conduct of some colonies, from die beginning of this
contest, had given reason to suspect it was their settled policy to
keep in die rear of the confederacy, that dieir particular prospect
might be better, even in the worst event :

That, therefore, it was necessary for diose colonies who had
thrown themselves forward and hazarded all from the beginning,
to come forward now also, and put all again to dieir own hazard :

That the history of the Dutch revolution, of whom three states
only confederated at first, proved that a secession of some colo-
nies would not be so dangerous as some apprehended :

That a declaration of Independence alone could render it con-
sistent with European delicacy, for European powers to treat with
us, or even to receive an Ambassador from us :

That till this, diey would not receive our vessels into their ports,
nor acknowledge the adjudications of our courts of admiralty to
be legitimate, in cases of capture of British vessels :

That though France and Spain may be jealous of our rising
power, they must think it will be much more formidable with the
addition of Great Britain ; and will therefore see it their interest

r4

to prevent a coalition ; but should they refuse, we shall be but
where we are ; whereas without trying, we shall never know whe-
ther they will aid us or not :

That the present campaign may be unsuccessful, and therefore
we had better propose an alliance while our afiairs wear a hopeful
aspect :

That to wait the event of this campaign will certainly work de-
lay, because, during this summer, France may assist us effectually,
by cutting off those supplies of provisions from England and Ireland,
on which the enemy's armies here are to depend ; or by setting
in motion the great power they have collected in the West Indies,
and calling our enemy to the defence of the possessions they have
there :

That it would be idle to lose time in settling tlie terms of alli-
ance, till we had first determined we would enter into alliance :

That it is necessary to lose no time in opening a trade for our
people, who will want clothes, and will want money too, for the
payment of taxes :

And that the only misfortune is, that we did not enter into alli-
ance with France six months sooner, as, besides opening her ports
for the vent of our last year's produce, she might have marched
an army into Germany, and prevented the petty princes there^
from selling their unhappy subjects to subdue us.

It appearing in the course of these debates, that the colonies of
New York, New Jersey, Pennsylvania, Delaware, Maryland, and
South Carolina were not yet matured for falling from the parent
stem, but that they were fast advancing to that state, it was thought
most prudent to wait a while for them, and to postpone the final
decision to July 1st : but, that this might occasion as littie delay as
possible, a committee was appointed to prepare a Declaration of
Independence. The committee were John Adams, Dr. Franklin,
Roger Sherman, Robert R. Livingston, and myself. Committees
were also appointed, at the same time, to prepare a plan of con-
federation for tiie colonies, and to state the terms proper to be
proposed for foreign alliance. The committee for drawing the
Declaration ol Independence, desired me to do it. It was accord-
ingly done, and being approved by tliem, I reported it to tlie House
on Friday, the 28tli of June, when it was read and ordered to lie
on the table. On Monday, the 1st of July, the House resolved
itself into a committee of the whole, and resumed the consideration
of the ori^^inal motion made by the delegates of Virginia, which,
being again debated through the day, was carried in the affirma-
tive by the votes of New Hampshire, Connecticut, Massachusetts,
Rhode Island, New Jersey, Maryland, Virginia, North Carolina

15

and Georgia. South Carolina and Pennsylvania voted against it.
Delaware had but two members present, and they were divided.
The delegates from New York declared they were for it them-
selves, and were assured their constituents were for it ; but that
their instructions having been drawn near a twelvemondi before,
when reconciliation was still the general object, they were enjoined
by them to do nothing which should impede that object. They
therefore thought themselves not justifiable in voting on either side,
and asked leave'to withdraw from the question ; which was given
them.. The committee rose and reported their resolution to the
House. Mr. Edward Rutledge, of Soutli Carolina, then request-
ed the determination might be put off to the next day, as he be-
lieved his colleagues, though tliey disapproved of the resolution,
would then join in it for tlie sake of unanimity. The ultimate
question, wheUier tlie House would agree to the resolution of the
committee, was accordingly postponed to the next day, when it was
again moved, and Soutli Carolina concurred in voting for it. In
the mean time, a third member had come post from the Delaware
counties, and turned the vote of that colony in favor of the reso-
lution. Members of a different sentiment attending that morning
from Pennsylvania also, her vote was changed, so that the whole
twelve colonies who were autliorised to vote at all, gave their
voices for it ; and, within a few days,* the convention of New
York approved of it, and tlius supplied the void occasioned by tlie
withdrawing of her delegates from tlie vote.

Congress proceeded the same day to consider the Declaration
of Independence, which had been reported and laid on the table
the Friday preceding, and on Monday referred to a committee of
the whole. The pusillanimous idea that we had friends in England
worth keeping terms widi, still haunted the minds of many. For
this reason, those passages which conveyed censures on die peo-
ple of England were struck out, lest they should give them offence.
The clause too, reprobating the enslaving the inhabitants of Africa,
was struck out in complaisance to South Carolina and Georgia,
who had never attempted to restrain the importation of slaves, and
who, on the contrary, still wished to continue it. Our northern
brethren also, I believe, felt a little tender under those censures ;
for though their people had very few slaves themselves, yet they
had been pretty considerable carriers of them to others. The
debates having taken up the greater parts of the 2nd, 3rd, and 4tli
days of July, were, on the evening of the last, closed ; the Decla-
ration was reported by the committee, agreed to by tlic House, and

* July 9.

16

signed by every member present, except Mr. Dickinson. As tlie
sentiments of men are known not only by what they receive, but
what they reject also, 1 will state the form of the Declaration as
originally reported. The parts struck out by Congress shall be dis-
tinguished by a black line drawn under them ;* and those inserted
by them shall be placed in the margin, or in a concurrent column.

A Declaration by tlie Representatives of the United States of Ame-
rica, in General Congress assembled.

When, in the course of human events, it becomes
necessary for one people to dissolve the polidcal bands
which have connected them with anotlier, and to as-
sume among the powers of the eartli the separate and
equal station to which ihe laws of nature and of na-
tiu-e's God entide them, a decent respect to tlie opin-
ions of mankind requires that they should declare the
causes which impel them to the separation.

We hold these truths to be self evident : that all
men are created equal ; that they are endowed by
certain tlieir Creator with \inherent and\ inalienable rights ;

that among these are life, liberty and the pursuit of
happiness ; that to secure tliese rights, governments
are instituted among men, deriving their just powers
from tlie consent of the governed ; that whenever any
form of government becomes destructive of these ends,
it is die right of the people to alter or to abolish it, and
to institute new government, laying its foundation on
such principles, and organizing its powers in such form,
as to them shall seem most likely to effect their safety
and happiness. Prudence, indeed, will dictate that
governments long established should not be changed
for light and transient causes ; and accordingly all ex-
perience hath shewn that mankind are more disposed
to suffer wliile evils are sufferable, than to right them-
selves by abolishing the forms to which they are ac-
customed. But when a long train of abuses and usur-
pations \hegun at a distinguished period and] pursu-
ing invariably the same object, evinces a design to re-
duce them under absolute despotism, it is their right,
Ip it is their duty to throw off such government, and to

provide new guards for their future security. Such

[* In this publication, the parts struck out are printed in Italics and in-
closed in brackets.]

.Imtk \m II

MiM.

>

17

alter

Iks and in>

has been the patient suSerance of these colonies ; and
such is now the necessity which constrains them to
[expunge] their former systems of government. The
history of the present king of Great Britain is a his-
tory of [unremtiting] injuries and usurpations, [among repmtcd
urkich appears no solitary fact to contradict the tmiform
tenor oj the rest^ but all have] in direct object the aii Laving
establishment of an absolute tyranny over these states.
To prove this, let facts be submitted to a candid world
[for the truth of which we pledge a faith yet unsullied
by falsehood.]

He has refused his assent to laws the most whole-
some and necessaiy fcT the public good.

He has forbidden his governors to pass laws of im-
mediate and pressing importance, unless suspended in
their operation till his assent should be obtained ; and,
when so suspended, he has utterly neglected to attend
to them.

• He has refused to pass other laws for the accom-
modation of large districts of people, unless those peo-
ple would relinquish the right of representation in the
legislature, aright inestimable to them, nnd formidable
to tyrants only.

He has caUed together legislative bodies at places
unusual, uncomfortable, and distant from the depq^i-
tory of their public records, for tlie sole purpose of
fatiguing them into compliance with his measures.

He has dissolved representative houses repeatedly
[and continually] for opposing with manly firmness
his invasions on the rights of the people.

He has refused for a long time after such dissolu-
tions to cause others to be elected, whereby the legis-
lative powers, incapable of annihilation, have returned
to the people at large for their exercise, tlie |tate re-
maining, in the mean time, exposed to aU the dangers
of invaaon from without and convulsions within.

He has endeavored to prevent the population of
these states ; for that purpose obstructing the laws for
naturalization of foreigners, refusing to pass others to
encourage their migrations hither, and raising the con-
ditions of new appropriations of lands.

He has [suffered] the administration of justice [to- ob«tnicted
tidly to cease in some of these states] refusing his as- by
sent to laws for estabhshing judiciary powers.

▼OL. I.

> II

18

in many cases

colonies

by decinring
us out of his
protection nnd
waging war
against us.

scarcely pa-
ralleled in the
most barba-
roiu ages and
totally

He has made [our] judges dependant on his will
alone for the tenure of their offices, and the amount
and payment of their salaries.

He has erected a multitude of new offices, [by a
self-assumed power] and sent hither swarms of new
officers to barrass our people and eat out their sub-
stance.

He has kept among us in times of peace standing
armies [and ships of war] without the consent of our
legislatures.

He has affected to render the military independent *
of, and superior to, the civil power.

He has combined with others to subject us to a ju-
risdiction foreign to our constitutions and unacknow-
ledged by our laws, giving his assent to their acts of
pretended legislation for quartering large bodies of
armed troops among us ; for protecting them by a
. mock trial from punishment for any murders which
they should commit on the inhabitants of these states ;
for cutting off our trade with all parts of the world ;
for imposing taxes on us without our consent ; for de-
priving us [ } of the benefits of trial by jury ; for trans-
porting us beyond seas to be tried for pretended of-
fences J for abolishing the free system of English laws
in a neighboring province, establishing therein an ar-
bitfary government, and enlarging its boundaries, so
as to render it at once an example and fit instrument
for introducing the same absolute rule into these
[«to^e«] ; for taking away our charters, abolishing our
most valuable laws, and altering fundamentally the
forms of our governments ; for suspending our own
legislatures, and declaring themselves invested with
power to legislate for us in aJ' cases whatsoever.

He has abdicated government here [tvithdramng
his govefnors, and dec^ 'nng us out of his allegiance
and protection.]

He has plundered our seas, ravaged our coasts,
burnt our towns and destroyed the lives of our peo-
ple.

He is at this time transporting large armies of fo-
reign mercenaries to complete the works of death, de-
solation and tyranny already begun with circumstances
of cruelty and perfidy [ ] unworthy the head of a
civilized nation.

• .

19

He has constrained our fellow citizens taken captive "" T

on the high seas to bear arms against their country, to
become ^e executioners of their friends and bretluren,
or to fall themselves by their hands.

He has f 1 endeavored to bring on the inhabitants excued do
of our frontiers the merciless Indian savages, whose rectuns
known rule of warfare is an undistinguished destruc- £«""' "*' *"**
tion of all ages, sexes and conditions [of eociatenceA

[He hat incited treasonable insurrection of our fel-
low citizens J with the allurements of forfeiture and
confiscation of our property.

He has waged crud war against human nature it-
sdf violating its most sacred rights of life and liberty
in the persons of a distant people who never offended
himf captivating and carrying them into slavery in
another hemisphere, or to incur miserable death in their
transportation thither. This piratical warfare, the
opprobium of infidel powers, is the warfare of the
CRRiSTiAN king of Great Britain. Determined to
keep open a market where men should be bought and
sold, he has prostituted his negative for suppressing
every legislative attempt to prohibit or to restrain this
execrabk commerce. And that this assemblage of hor-
rors might want no fact of distinguished die, he is now
exciting those very people to rise in arms among us,
and to purchase that Iwerty of which he has deprived
them, by murdering the people on whom he also ob-
truded them : thus paying off former crimes committed
against the liberties of one people, with crimes which
he urges them to commit against the lives of another."]

In every stage of these oppressions we have peti-
tioned for redress in the most humble terms : our re-
peated petitions have been answered only by repeated
injuries.

.' A prince whose character is thus marked by every
act which may define a tyrant is unfit to be the ruler of
a [] people [who mean to be free. Future ages wUl fre«
scarcely believe that the hardiness of one man adven-
tured, within the short compass of twelve years only, 1
to lay a foundation so broad and so undisguised for
tyranny over a people fostered and fixed in prindplea
of freedom.]

Nor have we been wanting in attentions to our
British brethren. We have warned them from time

• t

20

■n

hnvo

ftnil we hnv**
coiijureil them

by

Would incvi-

Ubiy

anwwniai- to Uiue of attempts by tlieir legislature to extend [a]
jurisdiction over [tMse our states]. We have re-
minded them of the circumstances of our emigration
and setdement here, [no one of which could warrant
so strange a pretension : that these were effected at
the expence of our own blood and treasure^ unassisted
by the wealth or the strength of Oreat Britain : that
in constituting indeed our several forms of govern'
ment, we had adopted one common fcingt thereby lad-
ing a foundation for perpetual league and amtty
with them : but that submission to their parliament^
was no part of our constitution^ nor ever in idea^ if
history may be credited : andj] we [ ] appealed to
their naUve justice and magnanimity [as well as to]
the ties of our common kindred to disavow Uiese
usurpations which [were likely to] interrupt our con-
nection and corres|)ondence. They too have been
deaf to the voice of jusUce and of consanguinity,
[and when occasions mve been given them, by the re-
gular course of their laws, of removing from their
councils the disturbers of our harmony, they havcj by
their free election, re-established them in power. At
this very time too, they are permitting their diief
magistrate to send over not only soldiers of our com-
mon blood, but Scotch and foreign mercenaries to in-
vade and destroy tw. These facts have given the last
stab to agonizing affection, and manly spirit bids ut
to renounce for ever these unfeeling brethren. We
must endeavor to forget our former love for them, and
hold them as we hold the rest of mankind, enemies
in war, in peace friends. We mtght have been a free
and a great people together ; but a communication
of grandeur and of freedom, it seems, is bdow their
dignity. Be it 30, since they wiU have it. The road
to happiness and to glory is open to us too. We
wiU tread it apart from them, ati^I acquiesce in the
necessity which denounces our [c^emoT) separa-
tion [] !

We must
therefore
and hold them
aa nre hold the
rest of man-
kind, enemiea
in war, In
|iMC« (^ianda.

21

extfiod [a]
13 havo re-
emigratioii
Ud warrant
effected at
, unassisted
'itain: that
of govern-
therdrtf lay-
and atntty
parl%amemt_
in ideoy if
ippealed to
well as <o]
ivovv tliese
pt our con-
have been
3sanguinity,
I, by the te-
from their
\ey have, bu
lower. At
their diiff
f our com-
tries to in-
yen the Icut
irit bids us
kren. We
them, and
enemies
been a free
nunication
^dow their
The road
too. We
see in the
separa-

d.

■r-

We tlierefore the representa-
tives of the United States of
America in General Congress
assembled, do in tiie name, and
by the authority of jie good peo-
ple of these [states rgeet and
renounce all me^nce and sub-
iection to the kings of Great
Britain and all others who may
hereafter claim by, through or
under them ; we utterly dissolve
all political connection which may
heretofore have subsisted between
us and the people or parliament
of Great Britain : and finally
we do assert and declare these
colonies to be free and indepen-
dent states,'] and that as free and
independent states, they have
full power to levy war, conclude
peace, contract alliances, esta-
lish commerce, and to do all
other acts and things which inde-
pendent states may of right do.

And for the support of this
declaration, we mutually pledge
to each other our lives, our for-
tunes, and our sacred honour.

We therefore the representap
tives of the United States of
America in General Congress
assembled^ appealing to the su-
preme judge of the world for
the rectitude of our intentions,
do in the name, and by the au-
thority of the good people of
tliese colonies, solemnly publish
and declare, that these united
colonies are, and of right ought
to be free and independent
states ; that they are absolved
from all allegiance to the British
crown, and tliat all political con-
nection between them and the
state of Great Britain is, and
ou|j^ to be, totally dissolved ;
anornat as free and independent
states, they have full power to
levy war, conclude peace, con
tract alliances, establish com-
merce, and to do all other acts
and things which independent
states may of right do.

And for the support of this
declaration, with a firm reliance
on the protection of divine pro-
vidence, we mutually pledge to
each other our lives, our for-
tunes, and our sacred honour.

The Declaration thus signed on the 4th, on paper, was engrossed
on parchment, and signed again on the 2nd of August.

[Some erroneous statements of the proceedings on the Declara-
tion of Independence having got before the public in latter times,
Mr. Samuel A. Welb asked explanations of me, which are given
m my letter to him of May 12, '19, before and now again referred
to.* I took notes in my place while these things were going on,
and at their close wrote them out in form and vnth correctness,
and from 1 to 7 of the two preceding sheets, are the originals then

I* See Appendix, note B.]

*

•#

written ; as tJie two following are of the earlier debates on the
Cofederation, which I took in like manner.*]

On Fridajr, July 12, the committee appointed to draw the arti-
cles of Confederation reported them, ana, on the 23nd, the House
resolved themselves into a committee to take them into considera-
tion. On the 30th and 31st of that month, and 1st of the ensuing,
those articles were debated which determined the proportion, or
quota, of money which each state should furnish to the common
treasury, and the manner of voting in Congress. The first of
these articles was expressed in the original draught in these words.
* Art. XI. All charges of war and all other expences that shall be
incurred for the common defence, or general welfare, and allowed
by the United States assembled, shall be def ^ved out of a com-
mon treasury, which shall be supplied by the st/eral colonies in
prc^rtion to the number of inhabitants of every age, sex and
quality, except Indians not paying taxes, in each colony, a true ac-
count of which, distinguishing the white inhabitants, shall be trien-
nially taken and transmitt^pkthe Assembly of the United States.*

Mr. Chase moved that Tne quotas should be fixed, not by the
number of inhabitants of every condition, but by that of the * white
inhabitants.' He admitted that taxation should be always in pro-
portion to property, that this was, in theory, the true rule ; but that,
Irom a varie^ of difficulties, it was a rule which could never be
adopted in practice. The value of the property in every state,
could never be estimated justly and equally. Some other measure
for the wealth of the state must therefore be devised, some stan-
dard referred to, which would be more simple. He considered
the number of inhabitants as a tolerably good criterion of property,
and that this might always be obtained. He therefore thought
it the best mode which we could adopt, with one exception only :
he observed that negroes are property, and as such, cannot be dis-
tinguished from the lands or personalities held in those states
where there are few slaves ; that the surplus of profit which a
Northern farmer is able to lay by, he invests in cattle, horses, &c.,
whereai^ a Southern farmer lays out the same surplus in slaves.
There is no more reason therefore for taxing the Southern states on
the farmer's head, and on his slave's head, Sian the Northern ones
on their farmer's heads and the heads of their cattle : that the

[t The above note of the author is on a slip of paper, pasted in at the end
of the Declaration. Here is also sewed into the MS. a slip of newspi^ier
containing, under the head ' Declaration of Independence,' a letter from
Thomas M'Kean to Messrs. William M'Corkle & Son, dated ' Philadelphia,
June 16, 1817.' This letter isto be fisund in the Port Folio, Sept. 1817, p. 249.]

33

vays in pro-
le ; but that,
Id never be

some stan-

luetliod proposed would, therefore, tax tlie Southjem.sUtes accord-
ing to tlieir numbers and their wealth conjunctly, while the North-
ern would be taxed on numbers (Hily : that negroes, in fact, should
not be con^dered as members of die state, more than cattle, and
that they have no more interest in it.

Mr. John Adams observed, that the numbers of people were
taken by this article, as an index of the wealth of the state, and
not as subjects of taxation ; that, as to this matter, it was of ko
conseauence by what name you called your people, whether by
that of freemen or of slaves ; that in some countries the laboring
poor were called freemen, in others they were called slaves ; but
that the difference as to tlie state was imaginary only. What ihat-
ters it whether a landlord employing ten laborers on his farm,
gives tliem annually as much money as will buy them the neceSp-
saries of life, or gives them those necessari.es at short hand ? The
ten labourers add as much wealth annually to the state, increase its
exports as much, in the one case as the otlier. Certainly five hun-
dred freemen produce no more profits, no greater surplus for the
payment of taxes, than five hundred slaves. Therefore the state
m which are the laborers called freemen, should be taxed no more
than that in which are tho$e called slaves. Suppose, by an ex-
traordinary operation of nature or of law, one half the laJiorers of
a state could in the course of one night be transformed into slaves :
would the state be made the poorer or the less able to pay taxes ?
That the condition of the laboring poor in most countries, that of
the fishermen particularly of the Northern states, is as abject as
that of slaves. It is the number of laborers which produces the
surplus for taxation, and numbers, therefore, indiscriminately, are
the fair index of wealth ; that it is the use of the word ' property'
here, and its application to some of the people of the state, which
produces the fallacy. How does the Southern farmer procure.
slaves ? Either by importation or by purchase fi*om his neighbw.
If he imports a slave, he adds one to the number of l9b<Nrers in
his country, and proportionably to its profits and abilities to pay
taxes ; if he buvs from his neighbor, it is only a transfer of a la-
borer from one farm to another, which does not change the annual
produce of the state, and therefore should not chang/e its tax : that
if a Northern farmer works ten laborers on his farm, he can, it is
true, invest the surplus of ten men's labor in cattle ; but so liday
the Southern farmer, workii^ ten slaves ; that a state of aae hun-
dred thousand freemen can maintain no more ciUtle, than one of
one hundred thousand slaves. Therefore, they have no more of
that kind of property ; that a slave may mdeed, firom the cufNtom
of speech, be more {ffoperly called the weakh c^ his raa^E> thaa

d4

th»ft»e hkanr mi^ be editd ih« wttkh oT hit Mnloftr fMM
uf «i A» flflVk %olh were emidty Hs weekh, Mid ihoidd therefore
aqwijr edd 10 ihe qaota of its MX.

Hr* iiarwtop proposed, ts a oomproinise, tbet two sieves sbouM
be counted m ooe freemen. He affirmed that slaves did not do
at muoh worit m freemen, and doubted if two effiseted more dian
cut \ ikat this wm proved by the price of labor ; the hk« of a )a-
bbrer in the Southern cokmieG being from 8 to iC13, \^le in the
Nonhem it was generally £34.

Ifr. WiboQ said, that if this amendment should take place, the
Sbnthem colonies would have all the 'benefit of slaves, whilst die
Nortbero ones would bear the burthen : that slaves increase #ie
peoto of a state, which the Southern states mean to take to them-
selves ; that they also increase the burthen of defence, which woidd
of course fell so Itnuch the heavier on the Northern: that slaves oc-
cimy die places of fireemen and eat their food. Dismiss your slaves,
and freemen wiU take their places. It is our duty to lay every dis-
couragement on the importation of slaves ; but this amei|ament
vtbulA give the jtts trium Uberorum to him who would iinpcMt
shnNM : tl^t other kinds of property were pretty equally distributed
tbrough ail the cdonies : Acre were as many cattle, horses and
i^wep, in the North as the South, and Soudi as the North ; but not
so it to riaves : that experience has shown that those cidonies have
been dways dl>le to pay most, which have the most mhabitants, whe-
dkerthey be Mack or vftixe : and the practice of the Southern co-
lorizes has alwi^s been to make every farmer pay poll taxes upon
aft hb laborers, whether they be black or white. He ackiiow-
ledgea indeed, that freemen work the must ; but they consume the
miQat i^BO. They do not produce a greater surplus for taxation.
Tm wiave is neither fed nor clodied so expensively as a freeman.
kigikii whke women are exempted from labor generally, but negro
wtMiattm are iK>t. In this then the Southern states have vr advan-
W^ as the article now stands. It has somedmes been said that
aliWf^iry is necessary, because the commodities they raise would be
to» dear fcMr mvket if cultivated by freemen : but now it is said
diit^liie labor of the shivo is the dearest.

Mbr. Payne ui^ed the ori^al resolution of Congress, to propor-
tion the quotas of die states to the number of souls.

fi^. Witherspoon was of opinbn, that the value of lands edit!
hoaaes w«s the best estimate of the wealth of a nation, and that h
¥fla pffftcdea^le to obtain such a valuation. Iliis is the tttxe baro-
nMit# of weidth. Ilie mie now proposed b imperfect ki itsetf,
aiiid ^lawqatt between the states. £ has been objected that negroes
etti 1I» ibod of freemm^ and tlMwefi»e !dio«M be taxed ; horses

%

25

also eat the food of freemen; tlierefore tliey also should be axed.
It has been said too, tliat in carrying slaves into the estimate of the
taxes tlie state is to pay, we do no more tlian tliose states them-
selves do, who always take slaves into the esrtmate of the taxes
tlie individual is to pay. But tlie cases are not parallel. In the
Southern colonies slaves pervade the whole colony ; but ihey do
not pervade the whole continent. That as to the original re3<^)lution
of Congress, to projwrtion tlie quotas according to Uie souls, it was
temporar}- only, and related to tlie monies heretofore emitted :
whereas we are now entering into a new compact., and therefore
stand on original ground.

August 1. The (juestion being put, the amendment proposed
was rejected by tlie votes A' New Hampshire, Massachusetts,
Rhode Island, Connecticut, New York, New Jersey, and Penn-
sylvania, against tliose of Delaware, Maryland, Virginia, North and
Soutli Carolina. Georgia was divided.

The other article was in these words. ♦ An. XVII. In deter-
mining questions, each colony shall have one vote.'

July 30, 31, August 1. Present forty-one members. Mr.
Chase observed that this article was the most likely to divide us,
of any one proposed in the draught then under consideration : that
the larger colonies had tlireatened they would not confederate at
all, if their weight hi Congress should not be equal to the numbers
of people they added to the confederacy ; while the smaller ones
declared against a union, if they did not retain an equal vote for the
protection of their rights. That it was of the utmost consequence
to bring the parties together, as should we sever from each other,
either no foreign power will ally with us at all, or the different states
will form different alliances, and thus increase tlie horrors of those
scenes of civil war and bloodshed, which in such a state of sepa-
ration and independence, would render us a miserable people.
That our importance, our interests, our peace required that we
should confederate, and that mutual sacrifices should be made to
effect a compromise of this difiicuh question. He was of opinion,
the smaller colonies would lose their rights, if they were not in some
instances allowed an equal vote ; and, therefore, that a discrimina-
tion should take place among the questions which would come be-
fore Congress. That the smaller states should be secured in all
questions concerning life or liberty, and the greater ones, in all re-
specting property. He therefore proposed, that in votes relating
to money, the voice of each colony should be proportioned to the
number of its inhabitants.

Dr. Franklin thought, that the votes should be so proportioned
in all cases. He took notice that the Delaware counties had "bound

VOL. I.

•^

2G

up their delegates to disagree to tliis article. He tliought it a very
extraordinary language to be held by any state, that tlicy would
not confederate with us, unless wo would let tliem dispose of our
money. Certainly, if we vote equally, we ought to pay equally ;
but the smaller states will hardly purchase the privilege at this
price. That had he lived in a slate where the representation, origi-
nally equal, had become unequal by time and accident, he might
have submitted rather than disturb government : but tlmt we should
be very wrong to set out in this practice, when it is in our power to
establish what is right. That at the time of the Union between
England and Scotland, tlie latter had made tlie objection which the
smaller states now do ; but experience had proved that no unfair-
ness had ever been shewn them : that their advocates had prognos-
ticated that it would again happen, as in times of old, that the
whale would swallow Jonas, but he thought the prediction reversed
in event, and that Jonas had swallowed the whale ; for the Scotch
had in fact got possession of the government, and gave laws to the
English. He reprobated the original agreement of Congress to
vote by coloiyes, and, therefore, was for tlieir voting, in all cases,
according to the number of taxables.

Dr. Witherspoon opposed every alteration of the article. All
men admit that a confederacy is necessary. Should the idea get
abroad that there is likely to be no union among us, it will damp
the minds of the people, diminish the glory of our struggle, and
lessen its importance ; because it will open to our view future pros-
pects of war and dissension among ourselves. If an equal vote b;.^
refused, the smaller states will become vassals to the larger ; and
all experience has shewn that the vassals and subjects of free
states are the most enslaved. He instanced the Helots of Sparta,
and the provinces of Rome. He observed that foreign powers,
discovering this blemish, would make it a handle for disengaging
the smaller states from so unequal a confederacy. That the colonies
should in fact be considered as individuals ; and that, as such, in
all disputes, they should have an equal vote ; that they are now
collected as individuals making a bargain with each other, and, of
course, had a right to vote as individuals. That in the East India
Company they voted by persons, and not by their proportion of
stock. That the Belgic confederacy voted by provinces. That in
questions of war the smaller states were as much interested as the
larger, and therefore, should vote equally ; and indeed, that the
larger states were more likely to bring war on the confederacy,
in proportion as their frontier was more extensive. He admitted
that equality of representation was an excellent principle, but then
it must be of things which are co-ordinate ; that is, of things simi-

^

asm

iar, and of the same nature : that notliins relating to individuals
could ever come before Congress ; noUiing but what would re-
spect colonies. He distinguished between an incorporating and a
federal *inion. The union of England was an incorporating one ;
yet Scotland had suffered by that union ; for that its inhabitants
were drawn from it by the hones of places and employments : nor
was it an instance of equality of representation ; because, while
Scotland was allowed nearly a thirteenth of representation, the^
were to pay only one fortieth of the land tax. He expressed his
hopes, that in the present enlightened state of men's minds, we
might expect a lasting confederacy, if it was founded on fair prin-
ciples.

John Adams advocated the voting in proportion to numbers.
He said that we stand here as the representatives of the people :
that in some states the people are many, in others tliey are few ;
that therefore, tlieir vote here should be proportioned to the num-
bers from whom it comes. Reason, justice and equity never had
weight enough on die face of the earth, to govern the councils of
men. It is interest alone which does it, and it is interest alone
which can be trusted : that tiierefore the interests, within doors,
should be tiie matliematical representatives of the interests without
doors : that the individuality of the colonies is a mere sound. Does
tlie individuality of a colony increase its wealth or numbers ? If it
does, pay equally. If it does not add weight in the scale of the
confederacy, it cannot add to their rights, nor weigh in argument.
A. has £50, B. £500, C. £1000, in partnership. Is it just diey
should equally dispose of the monies of Uie partnership ? It has
been said, we are independent individuals making a bargain to-
getiier. The question is not what we are now, but what we ought
to be when our bargain shall be made. The confederacy is to
make us one individual only ; it is to form us like separate parcels
of metal, into one common mass. We shall no longer retain our
separate individuality, but become a single individual as to all
questions submitted to the confederacy. Therefore all those rea-
sons which prove tiie justice and expediency of equal reprcsenta-*
tion in other assemblies, hold good here. It has been olyected
that a proportional vote will endanger the smaller states. We an-
swer that an equal vote will endanger the larger. Virginia, Penn-
sylvania, and Massachusetts, are the three greater colonies. Con-
sider their distance, their difference of produce, of interests, and of
manners, and it is apparent they can never have an interest or in-
clination to combine for the oppression of the smaller : that the
smaller will naturally divide on all questions with the larger. Rhode
Island, from its relation, similarity and intercourse, will generally

28

pursue tlie same objects with Massachusetts ; Jersey, Delaware,
and Miuyland, with Pennsylvania.

Dr. Rush took notice, that the decay of tlie liberties of the
Dutch republic proceeded from three causes. 1 . The perfect una-
nimity requisite on all occasions. 2. Their obligation to consult
their constituents. 3. Their voting by provinces. This last de-
stroyed the equality of rejpresentation, and the liberties of Great
Britain also, are sinking irom the same defect. That a part of
our rights is deposited in the hands of our legislatures. There, it
was admitted, there should be an equality of representation. An-
otlier part of our rights is deposited in tlie hands of Congress :
why is it not equally necessary there should be an equal representa-
tion there ? Were it possible to collect the whole body of the people
together, they would determine the questions submitted to them by
their majority. Why should not tlie same majority decide when
voting here, by their representatives ? The larger colonies are so
providentially divided in situation, as to render every fear of their
combining visionary. Their interests are different, and tlieir cir-
cumstances dissimilar. It is more probable they will become ri-
vals, and leave it in tlie power of the smaller states to give prepon-
derance to any scale they please. The voting by the number of
free inhabitants, will have one excellent effect, that of inducing tiie
colonies to discourage slavery, and to encourage the increase of
their free inhabitants.

Mr. Hopkins observed, tliere were four larger, four smaller, and
four middle sized colonies. That tlie four largest would contain
more than half the inhabitants of the confederating states, and
therefore would govern tlie others as tliey should please. That his-
tory affords no instance of such a thing as equal representation.
The Germanic body votes by states. The Helvetic body does
the saiae ; and so does the B olgic confederacy. That too little is
knowij of the antient confederations, to say what was their practice.
Mr. Wilson thought, that taxation should be in proportion to
wealth, but that representation should accord with the number
of freemen. That government is a collection or result of the wills
of all : that if any government could speak the will of all, it would
be perfect ; and that, so far as it departs from this, it becomes im-
perfect. It has been said that Congress is a representation of
states, not of individuals. I say, that the objects of its care are all
the individuals of the states. It is strange that annexing the name
of * State' to ten thousand men, should give them an equal right
with forty thousand. This must be the effect of magic, not of rea-
son. As to those matters which are referred to Congress, we are
not so many states ; we are one large state. We lay aside our in-

' t

*B

29

, Delaware,

jrties of the
perfect una-
>n to consult
rhis last de-
ies of Great
lat a part of
. There, it
tation. An-
f Congress:
I representa-
jf the people
d to them by
decide when
onies are so
fear of their
id tlieir cir-
1 become ri-
give prepon-
e number of
inducing tiie
3 increase of

smaller, and

ould contain

states, and

Thathis-

)resentation.

body does

t too little is

eir practice.

roportion to

tlie number

of the wills

all, it would

>ecomes im-

isentation of

care are all

ig the name

equal right

, not of rea-

ress, we are

side our in-

dividuality, whenever we come here. The Germanic body is a
burlesque on government : and tlieir practice, on any point, is a
sufficient authority and proof that it is wrong. The greatest im-
j)erfection in the constitution of the Belgic confederacy, is their
vodng by provinces. The interest of the whole is constanUy sac-
rificed to that of the small states. The history of the war in the
reign of Queen Anne, sufficiently proves .this. It is asked, shall
nine colonies put it into the power of four, to govern them as they
please ? I invert the question, and ask, shall two millions of people
put it in tlie power of one million, to govern them as they please ?
It is pretended, too, that the smaller colonies will be in danger
from the greater. Speak in honest language and say, the minority
will be in danger from the majority. And is tliere an assembly on
earth, where this danger may not be equally pretended ? The truth
is, tliat our proceedings will then be consentaneous with the in-
terests of the majority, and so they ought to be. The probability
is much greater, tliat the larger states will disagree, than that they
will combine. I defy die wit of man to invent a possible case, or
to suggest any one thing on earth, which shall be for the interests
of Virginia, Pennsylvania and Massachusetts, and which will not
also be for the interest of the other states.*

These articles, rejwrted July 12, '7G, were debated from day
to day, and time to time, for two years, were ratified July 9, '78,
by ten slates, by New-Jersey on the 26ih of November of the same
year, and by Delaware on the 23rd of February following. Mary-
land alone held off two years more, acceding to them March 1,
'81, and tiius closing the obligation.

CXir delegation had been renewed for the ensuing year, com-
mencing August 1 1 ; but the new government was now organized,
a meeting of the legislature was to be held in October, and I had
been elected a member by my county. I knew that our legisla-
tion, under the regal government, had many very vicious ]X)ints
which urgently required reformation, and I thought I could be of
more use in forwarding that work. I therefore retired from my
seat in Congress on the 2nd of September, resigned it, and took
my place in the legislature of my state, on the 7di of October.

On the 1 1th, I moved for leave to bring in a bill for the establish-
ment of courts of justice, the organization of which was of impor-
tance. I drew the bill ; it was approved by the committee, re-
ported and passed, after going tiirough its due course.

On the i2th, I obtained leave to bring in a bill declaring te-

* Here terminate the author'a notes of the ' earlier debates on the confede-
ration,' and recommences the MS. begun by him in 1831.

Si)

mints in tail to hold their Innils in fvo simplo. In the earlier times
of the eolony, when Innds were to he ohtnined for little or nothing,
•some provident individunln procured large grants; and, desirous of
founding great families for theinselv(;s, settled them on their de-
scendnnts in fee tail. The transmission of this property from ge-
neration to generation, in the same name, raised up a distinct set
of families, who, heing privileged hy law in the perpetuation of
their wealth, were thus formed into a Patrician orclor, distinguish-
ed by the splendor and luxury of their estahlishmcnts. From this
order, too, the king habitually selected his Counsellors of state ;
the hope of which distinction devoted the whole cor|)s to the inte-
rests and will of the crown. To annul this privilege, and instcod
of ar nristocracyof wealth, of more harm and danger, than benefit,
to society, to mak«^ an opening for the aristocrocy of virtue ond
talent, which nature has wisely provided for die direction of the
interests of society, ami scattered with equal hand through all its
conditions, was deemed ess(MUial to a well ordered republic. To
ofFect it, no violence was iMTcssary, no deprivation of natural right,
but rather an enlargement of it by a repeal of die law. For this
would auUiori/.e the pres(!nt holder to divide the property among
his children equally, as his affections were dividttd ; and woidd
place them, by natural generation, on the level of their fellow citi-
zens. Hut this repeal was strongly o|)|)os(mI by Mr. Pendleton,
who was zealously attachiMl to antient establishments ; and who,
taken all in all, was tlit^ ablest man in debate I have ever met with.
He had not indeed the poetical fancy of Mr. Henry, his sublime
imagination, his lofty and ovenvhelming diction ; but he was cool,
smooth and persuasive ; his language flowing, chaste and embel-
lished ; his conceptions quick, acute and full of resource ; never
van<iuisluul ; for if he k>st the main batUe, he returned upon you,
ami regained so much of it as to make it a drawn one, by dexter-
ous nianeuvres, skirmishes in detail, and the recovery of small
advantages which, litUe singly, were important all togeUier. You
never knew when you were clear of him, but were harrassed by
his perseverance, until the patience was worn down of all who had
less of it than himself. Add to this, that he was one of die most
virtuous and benevolent of men, the kindest friend, Uie most ami-
able and pleasant v^ companions, which ensured a favorable re-
ception to whatever came from him. Finding that die general
principle of entails could not be maintained, he tooj. his stand on
an amendment which he proposed, instead of an absolute abolition,
to permit the tenant in tail to convey in fee simple, if he chose it :
and be was within a few votes of saving so much of the old law.
But die bill passed finally fur entire abolition.

^ r

'npcrty niiioiig

IM ; ntid wlin,

III that ono of tho hill.s for organizing our judiciary HVfttcm, which
pro|X)flcd a court of Chancery, I had provided for a trial by jury of
all matters of fact, in that an well »h in tlic courtn of law. Ho de-
feated it hy the introduction of four words only, ' if eit/ier party
choose,'' U he consecjucnce Iuks been, that as no suiior will say to
his judge ' Sir, I distrust you, give me a jury,' juries are rarely, i
might say perhaps never, seen in that court, but when called for
i>y the Chancellor of his own accord.

The first establishment in Virginia which became permanent,
was made in 1G()7. I have found no mention of negroes in the
colony until about 1050. The first brought here as slaves W(!re
by a Dutch ship ; after which the English commenced the trade,
and continued it until tin- revolutionary war. That suspended,
ipso facto, iheir furtlnsr importation for the present, and tlii: busi-
ness of the war pressing constantly on the legishiliirf!, this subject
was not acted on finally until the year '7H, when I brought in a bill
to prevent their further importation. This passed without oppo-
sition, and sto|)ped the increase of the evil by importation, leaving
to future efforts its final eradication.

The first settlers of this colony were Englishmen, loyal subjects
to their king and church, and the grant to Sir Wnlter Raleigh con-
tained an express proviso that thc.'ir laws ' should not b(j against the
true Christian faith, now j)rof(!ssed in the church of England.' As
scx>n as the state of the colony admitted, it was <livided into pa-
rishes, in each of which was established a minister of the Anglican
church, endowed with a fixed salary, in tobacco, a glebe house and
land widi the other necessary ajjoendages. To inciet these expen-
ses, all the Inhabitants of the parishes wen; assessed, whether they
were or not, memlx^rs of the established church. Towards Qua-
kers who came here, they were most cruelly intolerant, driving
them from die colony by the severest penalties. In pro(;ess of
time, however, other sectarisms were introduced, chiefly of the
Presbyterian family ; and the established clergy, secure for life in
their glebes and salaries, adding to these, generally, the emoluments
of a classical school, found employment enough, in their farms and
school rooms, for die rest of the week, and devoted Sunday only
to the edification of Uieir flock, by service, and a sermon at dieir
parish church. Their other pastoral functions were litde attended
to. Against this inactivity, tlie zeal and industry of sectarian
preachers had an open and undisputed field ; and by the time of
tlie revolution, a maiority of the inhabitants had become dissenters
from the established church, but were still obliged to pay contribu-
tions to support the pastors of the minority. This unright(;ous
compulsion, to maintain teachers of what they deemed religious er-

"^

^'

** ■>

• r-

.%.

32

rors, was greviously felt during the regal government, and without
a hope of relief. But the first republican legislature, which met in
'76, was crowded with petitions to abolish this spiritual tyranny.
These brought on the severest contests in which 1 have ever been
engaged. Our great opponents were Mr. Pendleton and Robert
Carter Nicholas ; honest men, but zealous churchmen. The pe-
titions were referred to the committee of the whole house on the
state of the country ; and, after desperate contests in that com-
mittee, almost daily from the 1 1th of October to the 5th of De-
cember, we prevailed so far only, as to repeal the laws which ren-
dered criminal the maintenances of any religious opinions, tlie for-
bearance of repairing to church, or the exercise of any mode of
worship : and further, to exempt dissenters from contributions to
the support of the established church ; and to suspend, only until
the next session, levies on the members -of that ciiurch for the sa-
laries of their own incumbents. For although the majority of our
citizens were dissenters, as has been observed, a majority of the le-
gislature were churchmen. Among these, however, were some
reasonable and liberal men, who enabled us, on some points, to ob-
tain feeble majorities. • But our opponents carried, in the general
resolutions of the committee of November 19, a declaration that re-
ligious assemblies ought to be regulated, and thet provision ought
to be made for continuing the succession of the clergy, and super-
intending their conduct. And, in the bill now passed, was inserted
an express reservation of the question. Whether a general assess-
ment should not be established by law, on every one, to the support
of the pastor of his choice ; or whether all sliould be left to volun-
tary contributions : and on this question, debated at every session
from '76 to '79, (some of our dissenting allies, having now secured
their particular object, going over to tlie advocates of a general as-
sessment,) we could only obtain a suspension from session to ses-
sion until '79, when the question against a general assessment was
finally carried, and the establishment of tlie Anglican church entirely
put down. In justice to the two honest but zealous opponents, who
have been named, I must add tliat although, from their natural
temperaments, they were more disposed generally to acquiesce in
things as they are, than to risk innovations, yet whenever the public
will had once decided, none were more faithful or exact in tlieir
obedience to it.

The seat of our government had been originally fixed in the pe-
ninsula of Jamestown, the first settlement of the colonists ; and had
been afterwards removed a few miles inland to Williamsburg. But
this was at a time when our settlements had not extended beyond
the tide waters. Now they had crossed the Alleganey ; and the

It, and without
, which met in
iritual tyranny,
lave ever been
>n and Robert
en. The pe-
B house on the
1 in that com-
le 5th of De-
iws which ren-
inions, tlie for-
' any mode of
ontributions to
tend, only until
rch for the sa-
najority of our
joriiy of the le-
r, were some
le points, to ob-
in the general
aration that re-
provision ought
rgy, and super-
d, was inserted
general assess-
to the support
e left to volun-
every session
g now secured
)f a general as-
session to ses-
issessment was
church entirely
)pponents, who
[n their natural
to acquiesce in
ever the public
exact in tlieir

xed in the pe-
[lists ; and had
amsburg. But
ended beyond
aney ; and the

33 • ^

* ' .■ 1- -

centre of population was very far removed from what it had been.
Yet Williamsburg was still the depository of our archives, the ha-
bitual residence of the Governor and many other of the public func-
tionaries, the established place for the sessions of the legislature, and
the magazine of our military stores : and its situation was so ex-
posed that it might be taken at any time in war, and, at this time
particularly, an enemy might in the night run up either of the rivers,
between which it lies, land a force above, and take possession of
the place, without tlie possibility of saving either persons or things.
I had proposed its removal so early as October '76 ; but it did not
prevail until the session of May, "79.

Early in tlie session of May, '79, 1 prepared, and obtained leave
to bring in a bill, declaring who should be deemed citizens, assert-
ing the natural right of expatriation, and prescribing the mode of
exercising it. This, when I withdrew from the house on the 1st of
June following, I left in the hands of George Mason, and it was
passed on the 26th of that month.

In giving this account of tlie laws of which 1 was myself the
mover and draughtsman, I, by no means, mean to claim to myself
tlie merit of obtaining their passage. I had many occasional and
strenuous coadjutors in debate, a^ d one, most steadfast, able and
zealous ; who was himself a hcii. Tliis was George Mason, a
man of die first order of vdsdom among those who acted on the
theatre of the revolution, of expansive mind, profound judgment,
cogent in argument, learned in the lore of our former constitution,
and earnest for the republican change on democratic principles.
His elocution was neither flo^ ig nor smooth ; but his language
was strong, his manner most impressive, and strengthened by a
dash of biting cynicism, when provocation made it seasonable.

Mr. Wythe, while speaker in the two sessions of 1777, between
his return from Congress and his appointment to the Chancery, was
an able and constant associate in whatever was before a committee
of the whole. His pure integrity, judgment and reasoning powers,
gave him great weight. Of him, see more in some notes inclosed
in my letter of August 31, 1821, to Mr. John Saunderson.*

Mr. Madison came into the House in 1776, a new member and
young ; which circumstances, concurring with his extreme modesty,
prevented his venturing himself in debate before his removal to the
Council of State, in November '77. From thence he ivent to Con-
gress, then consisting of few members. Trained in these succes-
sive schools, he acquired a habit of self-possession, which placed
at ready command the rich resources of his luminous and discrimi-

?

...t-

V

VOL. I.

[* See Appendix, note A.]
6

^*

< •'

'^r-

34

4-t-

nating mind, and of his extensive information, and rendered him
the first of every assembly afterwards, of which he became a mem-
ber. Never wandering from his subject into vain declamation, but
pursuing it ctosely, in language pure, classical and copious, sooth-

■•^- ing always the feelings of his adversaries by civilities and softness
of expression, he rose to the eminent station which he held in the
great National Convention of 1787 ; and m that of Virginia which
followed, he sustained the new constitution in all its parts, bearing
off the palm against the logic of George Mason, and die fervid de-

' clamation of Mr. Henry. With these consummate powers, were
united a pure and spotless virtue, which no calumny has ever at-

ri tempted to sully. Of the powers and polish of his pen, and of the
wisdom of his administration in tlie highest office of the nation, I
need say nothing. They have spoken, and will forever speak for
tliemselves.

So far we were proceeding in the details of reformation only ;
selecting points of legislation, prominent in character and principle,
urgent, and indicative of the strength of the general pulse of refor-
mation. A^Hien I left Congress in '76, it was in the persuasion that
our whole.code must be reviewed, adapted to our republican form
of government, and, now that we had no negatives of Councils,
Governors and Kings to restrain us from doing right, that it should
be corrected, in all its parts, with a single eye to reason, and the
good of those for whose government it was framed. Early, there-
fore, in the session of '76, to which I returned, I moved and pje-
sented a bill for the revision of the laws ; which was passed on
the 24th of October, and on the 5th of November, Mr. Pendleton,
Mr. Wythe, George Mason, Thomas L. Lee and myself, were ap-
pointed a committee to execute the work. We agreed to meet
at Fredericksburg to settle the plan of operation, and to distribute
the work. We met there accordingly, on the 13th of January,
1777. The first question was, whether we should propose to abo-
lish the whole existing system of laws, and prepare a new and
complete Institute, or preserve the general system, and only modify
it to the present state of things. Mr. Pendleton, contrary to his
usual disposition in favor of antient things, was for the former
proposition, in which he was joined by Mr. Lee. To this it was
objected, that to abrogate our whole system would be a bold mea-
sure, and probably far beyond the views of the legislature ; that
they had been in the practice gf revising, from time to time, the
laws of the colony, omitting the expired, tiie repealed and the ob-
solete, amending only those l*etained, and probably meant, we
should now do the same, only including the British statutes as well
as our own : that to compose a new Institute, like those of Jus-

3

^^■^

sndered him
ame a nie.ii-
lamation, but

pious,

sooth-

and softness
; held in the
irginia which
larts, bearing
le fervid de-
)owers, were

has ever at-
1, aiid of the
the nation, I
^er speak for

nation only ;

md principle,

iilse of refor-

;rsuasion that

(ublican form

of Councils,

that it should

ison, and the

Early, there-

ved and pje-

as passed on

r. Pendleton,

;elf, were ap-

eed to meet

to distribute

of Januaiy,

)pose to abo-

3 a new and

only modify

ntrary to his

• the former

this it was

a bold mea-

slature ; that

to time, the

and the ob-

I

*

wti .

•f

.•Si'

35

tinian and Bracton, or tiiat of Blackstone, wliich was the model pro-
posed by Mr. Pendleton, would be an arduous undertaking, of vast
research, of great consideration and judgment ; and when reduced
to a text, every word of that text, from the imperfection of human
language, and its incompetence to express distinctly every shade
of idea, would become a subject of question and chicanery, until
selded by repeated adjudications ; that tliis would involve us for
ages in litigation, and render property uncertain, until, like the sta-
tutes of old, every word had been tried and settled by numerous
decisions, and by new volumes of reports and commentaries ; and
tliat no one of us, probably, would undertake such a work, which
to be systematical, must be the work of one hand. This last was
the opinion of Mr. Wythe, Mr. Mason and myself. When we pro-
ceeded to tlie distribution of the work, Mr. Mason excused himself,
as, being no lawyer, he felt himself unqualified for the work, and
he resigned soon after. Mr. Lee excused himself on the same
ground, and died indeed in a short time. The other two gentlemen,
therefore, and myself divided tlie work among us. The common
law and statutes to the 4. James 1. (when our separate legislature
was established) were assigned to me ; the British statutes, from that

Seriod to the present day, to Mr. Wytlie ; and the Virginia laws to
Ir. Pendleton. As the law of Descents, and the Criminal law
fell of course within my portion, I wished the committee to settle
the leading principles of these, as a guide for me in framing them ;
and, with respect to the first, I proposed to abolish tlie la.w of pri-
mogeniture, and to make real estate descendible in parcenary to
tlie next of km, as personal property is, by the statute of distribu-
tion. Mr. Pendleton wished to preserve the right of primogeni-
ture, but seeing at once that that could not prevail, he proposed we
should adopt the Hebrew principle, and give a double portion to
the elder son. I observed, that if the elder son could eat twice as
much, or do double work, it might be a natural evidence of his right
to a double portion ; but being on a par in his powers and wants,
with his brothers and sisters, he should be on a par also in the par-
tition of tlie patrimony ; and such was the decision of the other
members.

On the subject of the Criminal law, all were agreed, that the
punishment of death should be abolished, except for treason and
murder ; and tliat, for other felonies, should be substituted hard
labor in the public works, and in some cases, the Lex tcdionis.
How this last revolting principle came to obtain our approbation, I
do not remember. There remained, indeed, in our laws, a vestige
of it in a single case of a slave ; it was the English law, in the time
of the Anglo-Saxons, copied probably from the Hebrew law of* an

P

'm.

i t^^

36

eye for an eye, a tooth for a tooth,' and it was the law of several
antient people ; but the modern mind had left it far in the rear of
its advances. These points, however, being settied, we repaired
to our respective homes for the preparaUon of the work.

In the execution of my part, I thought it material not to vary
the diction of the antient statutes by modernizing it, nor to give
rise to new questions by new expressions. The text of these
statutes had been so fully explained and defined, by numerous ad-
judications, as scarcely ever now to produce a question in our
courts. I thought it would be useful, also, in all new draughts, to
reform the style of the later British statutes, and of our own acts
of Assembly ; which, from their verbosity, tlieir endless tautologies,
their involutions of case within case, and parenthesis within pa-
renthesis, and their multiplied efforts at certainty, by saids and
aforesaids jhy ors and by ands, to make them more plain, are really
rendered more perplexed and incomprehensible, not only to
common readers, but to the lawyers themselves. We were em-
ployed in this work from tliat time to February, 1779, when we
met at Williamsburg, that is to say Mr. Pendleton, Mr. Wythe and
myself; and meeting day by day, we examined critically our seve-
ral parts, sentence by sentence, scrutinizing and amending, undl we
had agreed on the whole. We then returned home, had fair
copies made of our several parts, which were reported to tlie
General Assembly, June 18, 1779, by Mr. Wjrthe and myself, Mr.
Pendleton's residence being distant, and he having authorised us
by letter to declare his approbation. We had in this work, brought
so much of the Common law as it was thought necessary to alter,
all the British statutes from Magna Charta to the present day, and
all the laws of Virginia, from the establishment of our legislature,
in the 4th Jac. 1. to the present time, which we thought should be
retained, within the compass of one hundred and twenty-six bills,
making a printed folio of ninety pages only. Some bills were
taken out, occasionally, from time to time, and passed ; but the
main body of the work was not entered on by the legislature,
until, after the general peace, in 1785, when, by the unwearied
exertions of Mr. Madison, in opposition to the endless quibbles,
chicaneries, perversions, vexations and delays of lawyers and de-
mi-lawyers, most of the bills were passed by the legislature, with
little alteration.

The bill for establishing religious freedom, the principles of which
had, to a certain degree, been enacted before, I had drawn in all
the latitude of reason and right. It still met with opposition ; but,
with some mutilations in the preamble, it was finally passed ; and
a singular proposition proved that its protection of opinion was

-}r

97

rneunt to be universal. Where the preamble declares, that coercion
is a departure from die plan of the holy audior of our religion, an
amendment was proposed, by inserting the words ' Jesus Christ,'
so that it should read, 'a departure from die plan of Jesus Christ,
the holy author of our religion ;' die inserdon was rejected by ft
great majority, in proof that they meant to comprehend, within the
mande of its protection, the Jew and the Genule, the Chrisdan
and Mahometan, the Hindoo, and Infidel of every denomination.

Bee 'aria, and other writers on crimes and punishments, hcd
satisfied the reasonable \/orld of the unrightfulness and inefficacy
of the punishment of crimes by death ; and hard labor on roads,
canals and odier public works, had been suggested as a proper sub-
stitute. The Revisors had adopted Uiese opinions ; but the general
idea of our country had not yet advanced to diat point. The .
bill, therefore, for proportioning crimes and punishments, was lost
in the House of Delegates by a majority of a single vote. I learn-
ed afterwards, that the substitute of hard labor in public, was tried
(I believe it was in Pennsylvania) without success. Exhibited as a
public spectacle, with shaved heads and mean clothing, working
on the high roads, produced in the criminals such a prostration of
character, such an abandonment of self-respect, as, instead of
reforming, plunged diem into the most desperate and hardened de-
pravity of morals and character. To pursue the subject of this law.
— I was written to in 1785 (being then in Paris) by Directors ap-
pointed to superintend the building of a Capitol in Richmond, to
advise them as to a plan, and to add to it one of a Prison. Think-
ing it a favorable opportunity of introducing into the state an ex-
ample of architecture, in die classic style of antiquity, and the
Maison quarree of Nismes, an ^ntient Roman temple, being con-
sidered as the most perfect model existing of what may be called
Cubic architecture, I applied to M. Clerissault, who had published
drawings of the Antiquities of Nismes, to have me a model of die
building made in stucco, only changing die order from Corinthian
to Ionic, on account of the difficulty of the Corinthian capitals, I
yielded, with reluctance, to the taste of Clerissault, in his prefer-
ence of the modern capital of Scamozzi to the more noble capital
of antiquity. This was executed by the artist whom Choiseul
Gouffier had carried with him to Constantinople, and employed,
while Ambassador there, in making those beautiful models of the
remains of Grecian architecture, which ..re to be seen at Paris.
To adapt the exterior to our use, I drew a plan for the interior,
with the apartments necessary for legislative, executive and judi-
ciary purposes ; and accommodated in their size and distribution to
the form and dimensions of the building. These were forwarded

"4

38

to tlie Directors, in 1786, and were carried into execution, witli
some variations, not for tlie better, the most important of which,
however, admit of future correction. V/ith respect to the plan of
a Prison, requested at the same time, I had heard of a benevolent
society, in England, which had been indulged by tlie government,
in an experiment of the effect of labor, in solitary confinement j on
some of their criminals ; which experiment had succeeded beyond
expectation. The same idea had been suggested in France, and
an Architect of Lyons had proposed a plan of a well ccnl rived edi-
fice, on the principle of solitary confinement. I procured a copy,
and as it was too large for our purposes, I drew one on a scale less
extensive, but susceptible of additions as they should be wanting.
This I sent to the Directors, 'jstead of a plan of a common prison,
in the hope that it would suggest the idea of labor in solitary con-
finement, instead of that on die public works, which we had
adopted in our Revised Code. Its principle, accordingly, but not
its exact form, was adopted by Latrobe in carrying the plan into
execution, by the erection of what is now called die Penitentiary,
built under his direction. In the mean while, the public opinion
was ripening, by time, by reflection, and by the example of Penn-
sylvania, where labor on the highways had been tried, without
approbation, from 1786 to '89, and had been followed by Uieir
Penitentiary system on the principle of confinement and labor,
which was proceeding auspiciously. In 1796, our legislature re-
sumed the subject, and passed the law for amending the Penal laws
of the commonwealdi. They adopted solitary, instead of public,
labor, established a gradation in the duration of the confinement,
approximated the style of the law more to the modem usage, and,
instead of the settled distinctions of murder and manslaughter,
preserved in my bill, they introduced the new terms of murder
in the first and second degree. Whether tliese have produced more
or fewer questions of definition. I am not sufficiently informed of our
judiciary transactions, to say. I will here, however, insert the text
of my bill, wiUi the notes I made in the course of my researches
into the subject.*

The acts of Assembly concerning the College of William and
Mary, were properly within Mr. Pendleton's portion of our work ;
but these related chiefly to its revenue, while its constitution, or-
ganization and scope of science, were derived from its charter.
We thought that on this subject, a systematical plan of general edu-
cation should be proposed, and 1 was requested to undertake it.
I accordingly prepared three bills for the Revisal, proposing three

[" See Appendix, note E.]

39

distinct grades of education, reaching nil classes. 1st. Elementary
schools, for all children generally, rich and poor. 2nd. Colleges^
for a middle degree of instruction, calculated for the common pur-
poses of life, and such as would be desirable for all who were in
easy circumstances. And, 3rd. an uhimate grade for teaching the
sciences generally, and in their highest degree. The first bill
proposed to lay off every county into Hundreds, or Wards, of a
proper size and population for a school, in which reading, writing
and common aritlunetic should be taught ; and that the whole state
should be divided into twenty-four districts, in each of which should
be a school for classical learning, grammar, geography, and the
higher branches of numerical arithmetic. The second bill pro-
posed to amend the constitution of William and Mary college, to
enlarge its sphere of science, and to make it in fact a University.
The third was for the establishment of a library. These bills were
not acted on until the same year, '96, and tlien only so much of
the first as provided for elementary schools. The College of Wil-
liam and Mary was an establishment purely of the Church of Eng-
land ; the Visitors were required to be all of that Church ; the
Professors to subscribe its thirty-nine Articles ; its Students to learn
its Catechism ; and one of its fundamental objects was declared to
be, to raise up Ministers for tliat Church. The religious jealousies,
therefore, of all the dissenters, took alarm lest tliis might give an
ascendancy to the Anglican sect, and refused acting on that bill.
Its local eccentricity, too, and unhealthy autumnal climate, lessened
the general inclination towards it. And in the Elementary bill, they
inserted a provision which completely defeated it ; for they left it
to the court of each county to determine for itself, when this act
should be carried into execution, within their county. One provi-
sion of the bill was, that the expenses of these schools should be
borne by the inhabitants of the county, every one in proportion to
his general tax rate. This would throw on wealth the education
of the poor ; and the justices, being generally of the more wealthy
class, were unwilling to incur that burtlien, and I believe it was not
suffered to commence in a single county. I shall recur again to
this subject, towards the close of my story, if I should have life and
resolution enough to reach that term ; for 1 am already tired of
talking about myself.

The bill on the subject of slaves, was a mere digest of the ex-
isting laws respecting them, withou any intimation of a plan for a
future and general emancipation. It was thought better that this
should be kept back, and attempted only by way of amendment,
whenever the bill should be brought on. The principles of the
amendment, however, were agreed on, that is to say, the freedom

40

of all bom after a certain clay, and deportation at a proper a^o.
But it was found diat the puiilic mind would not yet bear the pro-
))osition, nor will it bear it even at diis day. Yet the day is not
distant when it must bear and adopt it, or worse will follow. No-
thing is more certainly written in the book of fate, than that these
people are to be free ; nor is it less certain that the two races,
equally free, cannot live in the same government. Nature, habit,
opinion have drawn indelible lines of distinction between them.
It is still in our power to direct the process of emancipation and
deportation, peaceably, and in such slow degree, as that the evil
will wear off insensibly, and their place be, pari passu, filled up by
free white laborers. If, on tlie contrary, it is left to force itself on,
human nature must shudder at the prospect held up. We shoidd
in vain look for an example in die Spanish deportation or deletion
of tlie Moors. This precedent would fall far short of our case.

I considered four ol these bills, passed or reported, as forming a
system by which every fibre would be eradicated of antient or fu-
ture aristocracy ; and a foundation laid for a government truly re-
publican. The repeal of the laws of entail would prevent the ac-
cumulation and perpetuation of wealth, in select families, and pre-
serve die soil of die coimtry from being daily more and more ab-
sorbed in mortmain. The abolition of primogeniture, and equal
partition of inheritances, removed the feudal and unnatural distinc-
tions which made one member of every family rich, and all the
rest poor, substituUng equal partition, the best of all Agrarian laws.
The restoration of di^ rights of conscience, relieved the people from
taxation for the support of a religion not theirs ; for die establish-
ment was truly of tlie religion of die rich, the dissenUng sects being
entirely composed of the less wealthy people ; and these, by the
bill for a general education, would be qualified to understand their
rights, to maintain them, and to exercise with intelligence dieir parts
in self-government : and all this would be effected, without the vio-
lation of a single natural right of any one individual ciuzen. To
these, too, might be added, as a further security, the introduction of
the trial by jury, into the Chancery courts, which have already in-
gulphed, and continue to inguiph, so great a proportion of the ju-
risdicdon over our property.

On the 1st of June, 1 779, 1 was appointed Governor of the Com-
monwealdi, and retired from the legislature. Being elected, also,
one of the Visitors of William and Mary college, a self-electing
body, I effected, during my residence in Williamsburg that year,
'd change in die organization of that institution, by abolishing the
Grammar school, and the two professorships of Divinity and Oriental
languages, and substituting a professorship of Law and Police, one of
4-

r

41

Anntoiny, Mcdiriim nnd ( 'hrmistiy, nnd ouo of Modern hn-
Cjiinges ; nnd the rlinrtcr ronfitunj; us to six profes!M)rships, we
added the fjnw of Naliire nnd Nations, nnd die Fine Arts to t)ie
(hities of die IVIond professor, nnd Nntnral History to those of tlie
professor of Madiemntics and Nntnral Philosophy.

Heing now, as it were, ich'Htified with the ConnnonweaUh itself,
to write my own history, during the two years of my administration,
would he to write the public history of that portion of die revolution
widiin this state. Tins has been done by others, and particularly
by Mr. Girnrdin, who wrote his Continuation of Hurke's History of
Virginia, while at Milton, in this neighborhood, had free access to all
my papers while composing it, nnd has given as faithful an account
as I could myself. For this portion, therefore, of my own life, I
refer nitogodicr tojiis history. From n belief dint, under the pres-
sure of the invnsion under which we were then laboring, the public
would have more confidence in a Military chief, and tliat the Mili-
tary commander, being invested with the Civil power also, both
might be wielded with more energy, prompdtude and effect for the
defence of the state, I resigned the administradon at the end of
my second year, and General Nelson was appointed to succeed me.

Soon after my leaving Congress, in September, '7G, to wit, on
the last day of that month, I had been npixjinted, with Dr. Frank-
lin, to go to France, as a Commissioner, to negociate treaties of al-
liance and commerce W'li that government. Silas Deane,then in
France, acting as* ago a for procuring military stores, was joined
with us in commission. But such was the state of my family that
I could not leave it, nor could I expose it to the dangers of the sea,
and of capture by the British ships, then covering the ocean. I
saw, too, that the laboring oar was really at home, where much
was to be done, of die most permanent interest, in new modelling
our governments, and much to defend our fanes and fire-sides from
the desolations of an invading enemy, pressing on our country in
every point. I declined, therefore, and Dr. Lee was appointed in
my place. On die 15th of June, 1781, 1 had been appointed, with
Mr. Adams, Dr. Franklin, Mr. Jay, and Mi?. Laurens, a Minister
Plenipotentiary for negociating peace, then expected to be effected
through the mediation of the Empress of Russia. The same rea-
sons obliged me still to decUne ; and the negociation was in fact
never entered on. But, in the autunm of the next year, 1 782, Con-

* His ostensible character was to be that of a merchant, his real one that of
agent for military supplies, and. also for sounding the dispositions of the go-
vernment of France, and seeing; how far they would favor us, either secretly
or openly. His appointment had boon by the Committee of foreign corres-
pondence, March, 1776.

VOL. I. 6

J*'

4a '

gress receiving assurances that a general peace would be conclu-
ded in the winter and spring, they renewed my appointment on the
13th of November of diat year. I had, two months before that,
lost the ..tjerished companion of my life, in whose affections, una-
bated on both sides, I had lived the last ten years in unchequered
happiness. With the public interests, tlie state of my mind concur-
red in recommending the change of scene proposed ; and I ac-
cepted the appointment, and left JMonticello on the 19th of De-*
cember, 1782, for Philadelphia, where I arrived on tlie 27th. The
Minister of France, Luzerne, offered me a passage in the Romulus
frigate, which I accent i ; but she was then lying a few miles be-
low Baltimore, blocked up in the ice. I remained, therefore, a
month in Philadelphia, looking over the papers in the office of State,
in order to possess myself of the general state of our foreign rela-
tions, and tlien went to Baltimore, to await the liberation of the fri-
gate from the ice. After waiting there nearly a montli, we re-
ceived information that a Provisional treaty of peace had been sign-
ed by our Commissioners on the 3rd of September, 1782, to be-
come absolute, on th conclusion of peace between France and
Great Britain. Considering my proceeding to Europe as now of
no utility to the public, 1 returned immediately to Philadelphia, to
take the orders of Congress, and was excused by them from fur-
ther proceeding. 1 therefore returned home, where I arrived on
the 15th of May, 1783.

On the 6th of the following month, I was appointed by the legis-
lature a delegate to Congress^ the appointment to take place on the
1st of November ensuing, when that of the existing delegation
would expire. I accordingly left home en die 16th of October,
arrived at Trenton, where Congress was sitting, on the 3rd of No-
vember, and took my seat on the 4th, on which day Congress ad-
journed, to meet at An.'iapolis on the 26th.

Congress had now become a v(3ry sr all body, and the members
very remiss in their attendance on its duues, insomuch, that a ma-
jority of the states, necessary by the Confederation to constitute a
House even for minor bui;iness, did not assemble until the 13th of
December.

They, as early as January 7, 1782, had turned their attention
to tht monies current i^ the several statt.5, and had directed the
Financier, Robert Morris, to report to them a tabic of rates, at wliich
the foreign coins should be received at the treasury. That officer,
or rather his assistant, Gouverneur Morris, answered Uiem on the
16th, in an able and elaborate statement cf the denominations of
money current in the several states, and of the comparative value
o( the foreign coins chiefly in circulation with us. He went into

I»-

48

tlie consideration of tlie necessity of establishing a standard of vslue
with us, and of the adoption of a money Unit. He proposed for
that Unit, such a fraction of pure silver as would be a common mea-
sure of the penny of every state, without leaving a fraction. This
common divisor he found to be 1-1440 of a uollar, or 1-1600 of
tlie crown sterling. The value of a dollar was, therefore, to be
expressed by 1440 units, and of a crown by 1600 ; each Unit con-
taining a quarter of a grain of fine silver. Congress turnmg again
tlieir attention to this subject tlie following year, tlie Financier, by
a letter of April 30, 1783, furtlier explained and urged the Unit he
had proposed : but nothing more was done on it until the ensuing
year, when it was again taken up, and referred to a committee, of
which I was a member. The general views of the Financier were
sound, and the principle was ingenious on which he proposed to
found his Unit ; but it was too minute for ordinary use, too labori-
ous for computation, either by the head or in figures. The price
of a loaf of bread, 1-20 of a dollar, would be 72 units.

A pound of butter, 1-5 of a dollar, 288 units.

A horse, or bullock, of eighty dollars value, would require a no-
tation of six figures, to wit, 115,^00, and the public debt, suppose
of eighty millions, would require twelve figures, to wit, 1 1 5,200,-
000,000 Units. Such a system of money-arithmetic would be
entirely unmanageable for the common purposes of society. I pro-
posed, tlierefore, instead of this, to adopt the Dollar as our Unit of
account and payment, and that its divisions and subdivisions should
be in the decimal ratio. I wrote some Notes on the subject, which
I submitted to the consideration of the Financier. I received his
answer and adherence to his general system, only agreeing to take
for his Unit one hundred of those he first proposed, so that a Dollar
should be 14 40-100, and a crown 16 Units. I replied to this, and
printed my notes and reply on a flying sheet, which I put into the
hands of the members of Congress for consideration, and the Com-
mittee agreed to report on my principle. This was adopted the
ensuing year, and is the system which now prevails. I insert, here,
tlie Notes and Reply, as shewing the different views on which the
adoption of our money system hung.* The divisions into dismes,
cents and mills is now so well understood, that it would be easy of
introduction into tlie kindred branches of weights and measures.
I use, when I travel, an Odometer of Clarke's invention, which di-
vides the mile into cents, and I find every one comprehends a dis-
tance readily, when stated to )iim in miles and cents; so he
would in feet and cents, pounds and cents, &;c.

. ^ * [' See Appendix, note 1*'.]

*.-

44

The remissness of Congress, and Uieir permanent session, be-
gan to be a subject of uneasiness ; imd even some of tlie legisla-
tures had recommended to them intermissions, and periodical
sessions. As the Confederation had made no provision for a visi-
ble head of tlie government, during vacations of Congress, and
such a one was necessary to superintend the executive business, to
receive and communicate with foreign ministers and nadons, and
to assemble Congress on sudden and extraorduiary emergencies, I
proposed, early in April, tlie appointment of a committee, to be
called tlie ' Committee of the States,' to consist of a member from
each state, who should remain in session during tlie recess of Con-
gress : that the functions of Congress should be divided into ex-
ecutive and legislative, die latter to be reserved, and the former,
by a general resolution, to be delegated to diat Committee. This
proposition was afterwards agreed to ; a Committee appointed, who
entered on duty on tlie subsequent adjournment of Congress, quar-
relled very soon, split into two parties, abandoned their post, and
left the government without any visible head, until tlie next meet-
ing of Congress. We have since seen tlie same tiling take place,
ill the Directory of France ; and I believe it will forever take place
in any Executive consisting of a plurality. Our plan, best, I be-
lieve, combines wisdom and practicability, by providing a plurality
of CounseUors, but a single Arbiter for ultimate decision. I was in
France when we heard of this schism, and sepai'ation of our Com-
mittee, and, speaking wiUi Dr. Franklin of this singular disposition
of men to quarrel, and divide into parties, he gave his sentiments,
as usual, by way of Apologue. He mentioned Uie Eddystone
light-house, in the British channel, as being built on a rock, in tlie
mid-channel, totally inaccessible in winter, from die boisterous
character of that sea, in tiiat season ; that, therefore, for tiie two
keepers employed to keep up die lights, all provisions for the
winter were necessarily carried to tiiem in autumn, as they could
never be visited again till the retmii of the milder season ; that,
on tlie first practicable day in the spring, a boat put off to them
with fresh supplies. The boatmen met at die door one of die
keepers, and accosted him with a ' How goes it, friend ? Very
well. How is your companion ? I do not know. Don't know ?
Is not he here ? I can't tell- Have not you seen him to-day ?
No. When did you see him ? Not since last fall. You have
killed him ? Not I, indeed.' They were about to lay hold of
him, as having certainly murdered his companion : but he desired
them to go up stairs and examine for diemselves. They went up,
and there found the other keeper. They had quarrelled, it seems,
soon after being left Uiere, had divided into two parties, assigned

46

tlie cares below to one, and those above to the other, and hdd never
s]3oken to, or seen, one another since.

But to return to our Congress at Annapolis. The definitive
treaty of peace which had been signed at Paris on the 3rd of Sep-
tember, 1783, and received here, could not be ratified witliout a
House of nine states. On tlie 23d of December, therefore, we
addressed letters to the several Governors, stating the receipt of
the definitive treaty ; that seven states only were in attendance,
while nine were necessary to its ratification ; and urging them to
press on their delegates tlie necessity of their immediate attend-
ance. -And on tlie 26th, to save tune, I moved that the Agent of
Marine (Robert Morris) should be instructed to have ready a ves-
sel at tliis place, at New York, and at some Eastern port, to carry
over the ratification of tlie treaty when agreed to. It met tlie ge-
neral sense of tlie House, but was opposed by Dr. Lee, on die
ground of expense, which it would autliorize the Agent to incur for
us ; and, he said, it would be better to ratify at once, and send on
the ratification. Some members had before suggested, that seven
states were competent to the ratification. My motion was there-
fore postponed, and another brought forward by Mr. Read, of
South Carolina, for an immediate ratification. Tliis was debated
the 26th and 27th. Read, Lee, Williamson and Jeremiah Chase,
urged tliat ratification was a mere matter of form, that the treaty
was conclusive from the moment it was signed by the ministers ;
tliat, although tlie Confederation requires die assent of nine states
to enter into a treaty, yet, diat its conclusion could not be called
the entrance into it ; diat supposing nine states requisite, it would
be in tlie power of five states to keep us always at war ; that nine
states had virtually autliorized tlie ratification, having ratified the
proviaonal treaty, and instructed their ministers to agree to a de-
finitive one in the same terms, and the present one was, in fact,
substantially, and almost verbatim, the same ; that there now re-
main but sixty-seven days for the ratification, for its passage across
the Atlantic, and its exchange ; tliat tliere was no hope of cur.
soon ha\'ing nine states present ; in fact, that this was tlie uldmate
point of time to which we could venture to wait ; that if tlie rati-
fication was not in Paris by the time stipulated, ttie treaty would
become void ; that if ratified by seven states, it would go under
our seal, without its being known to Great Britain that only seven
had concurred ; riiat it was a question of which diey had no right
to take cognizance, and we were only answerable for it to our
constituents ; that it was like the ratification which Great Britain
had received from tlie Dutch, by the ncgociations of Sir William
Temple.

46

On Uio contrary, it was arguuu by Monroe, Gerry, Howe),
Ellery and mysi i', tluit by the modern upagc of Europe, the rati-
fication was considered as llie act which gave validity to a treaty,
until which, it was not obligatory.* Tliat the commission to the
ministers, reserved the ratification to Congress ; that the treaty itself
stipulated, that it should be ratified ; that it l)ecan;e a second question,
who were competent to the ratification ? That the Confederation ex-
pressly required nine states to enter into any treaty ; that, by this,
that instrument mist have intended, that the assent of nine states
should be necessary, as well to the completion as to the commence-
ment of the treaty, its object having been to guard the rights of the
Union in all those important cases, where nine states are called for ;
that by the contrary construction, seven states, containing less than
one third of our whole citizens, might rivet on r- i treaty, com-
menced indeed under commission and nistructions Irom nine states,
but formed by the minister in express contradiction to such instruc-
tions, a d in direct sacrifice of die interests of so great a majority ;
that d e definitive treaty was adinitted not to be a verbal copy of
llie pro*^isional one, and whether die departures from it were of
substance, or not, was a question on which nine stJites alone were
competent to decide ; that the circumstances of die ratification of
the provisional articles by nine states, tiie instructions to our minis-
ters to form a definitive one by diem, and their actual agreement
in substance, do not render us competent to ratify in the present
instance; if these circumstances are in themselves a ratification,
nothing further is requisite than to give attested copies of them, in
exchange for the British ratification ; if they are not, we remain
where we were, without a ratification by nine states, and incom-
petent ourselves to ratify ; that it was but four days since the seven
states, now present, unanimously concurred in a resoluUon, to be
forwarded ■ > the Governors of the absent states, in which they
stated, as a cause for urging on their delegates, that nine states
were necessary to ratify the treaty ; diat in the case of the Dutch
. ratification, Great Britain had courted it, and therefore was glad
to accept it as it was ; that they knew our Constitution, and would
object to a ratification by seven ; that, if that circumstance was
kept back, it would be known hereafter, and would give them
ground to deny the validity of a ratification, into which they should
have been surprized and cheated, and it would be a dishonorable
prostitution of our seal ; that diere is a hope of nine states ; that if
the treaty would become null, if not ratified in time, it would not
be saved by an imperfect ratification ; but that, in fact, it would not

* Vatlel L. a. § 150. L. 1. § 77. 1. Mubly Droit DEuiope 80.

47

be null, and vvojuM bo placed on better ground, going in unex-
(X'ptioiiable form, thoiigli a few days too late, and rested on the
small im|Kjrtance of this eircumstance, and the physical impossibili-
ties which had prevented a punctual compliance in point of tiine ;
that this would be approved by all nations, and by Great Britain
herself, if not determined to renew the war, and if so determined,
she would never want excuses, were this out of die way. Mr.
Read gave notice, he should call for the yeas and nays ; whereon
those in opposition, prepared a resolution, expressing pointedly Uie
reasons of tlieir dissent from his motion. It appearing, however,
that his proposition could not be carried, it was thought better to
make no entry at all. Massachusetts alone would have been for
it ; Rhode Island, Pennsylvania and Virginia against it, Delaware,
Maryland and NorUi Carolina, would have been divitled.

Our body was little numerous, but very contentious. Day after
day, was wasted on the most unim[)ortant questions. A mem-
ber, one of riiose afflicted with the morbid rage of debate, of an
ardent mind, prompt imagination, and copious flow of words, who
heittd with impatience any logic which was not his own, sitting near
me on some o<;cHsion of a trifling but wordy debate, asked me how
I could sit in silence, hearing so much false reas(jning, which a •
word should refute ? 1 observed to him, that to refute indeed was
ec ^y, but to silence impossible ; that in measures brought forward
by myself, I took die laboring oar, as was incumbent on me ; but
that in general, 1 was willing to listen ; that if every sound argu-
ment or objection was used by some one or other of die numerous
debaters, it was enough ; if not, 1 thought it sufficient to suggest
die omission, without going into a repetition of what had been al-
ready said by odiera : that this was a waste and abuse of the time
and patience of the House, which could not be justified. And I
believe, that if the members of deliberate bodies were to observe
diis course generally, they would do in a day, what takes them a
week ; and it is really more questionable, than may at first be
thought, whedier Bonaparte's dumb legislature, which said nodiing,
and did much, may not be preferable to one which talks much, and
does nothing. 1 served with General Washington in die legislature
of Virginia, before the revolution, and, during it, with Dr. Franklin
in Congress. I never heard either of them speak ten minutes at
a time, nor to any but the main point, which was to decide the
(juestion. They laid their shoulders to die great points, knowing
that die litde ones would follow of dicmselves. If die present Con-
gress errs in tot) much talking, how can it be odierwise, in a body
to which the people send one hundred and fifty lawyers, whose trade
it is, to (juestion every thing, yield nodiing, and talk by the liour ^

♦

%:

48

That one hundred and fifty lawyers should do business together,
ought not to be expected. But to return again to our subject.

Those who thought seven states competent to the ratification,
being very restless under tlie loss of tlieir motion, I proposed, on
the third of January, to meet them on middle ground, and there-
fore moved a resolution, which premised, that there were but seven
states present, who were unanimous for the ratification, but that
they differed in opinion on the question of competency ; that those
however in the negative, were unwilling, that any powers which it
might be supposed they possessed, should remain unexercised for
tlie restoration of peace, provided it could be done, saving their
good faith, and witliout importing any opinion of Congress, that
seven states were competent, and resolving that the treaty be rati-
fied so fur as they had power ; that it should be transmitted to our
ministers, with instructions to keep it uncommunicated ; to endea-
vor to obtain three montlis longer for exchange of ratifications ;
that they should be informed, ihat so soon as nine states shall be
present, a ratification by nine shall be sent them : if this should get
to them before the ultimate point of time for exchange, they T^re
to use it, and not the other ; if not, they were to offer the act of
•the seven states in exchange, informing them the treaty had come
to hand while Congress was not in session, that but seven states
were as yet assembled, and these had unanimously concurred in
the ratification. This was debated on the third and fourth ; and
on the fifth, a vessel being to sail for England, from this port, (An-
napolis^ the House directed the President to write to our ministers
accordmgly.

January 14. Delegates from Connecticut having attended yei.
terday, and another from South Carolina coming in this day, the
treaty was ratified without a dissenting voice ; and three instruments
of ratification were ordered to be made out, one of which was sent
by Colonel Harmer, another by Colonel Franks, and the third
transmitted to the Agent of Marine, to be forwarded by any good
opportunity.

Congress soon took up the consideration of their foreign rela-
tions. They deemed it necessary to get their commerce placed
with every nation, on a footing as favorable as that of other nations ;
and for this purpose, to propose to each a distinct treaty of com-
merce. This act too would amount to an acknowledgement, by
each, of our independence, and of our reception into the fraternity
of nations ; which, although as possessing our station of right, and
in facti we would not condescend to ask, we were not unwilling to
furnish opportunities for receiving tlieir friendly salutations and wel-
come. With France, the United Netherlands, and Sweden, we

49

had already treaties of commerce ; but commissions were given for
those countries also, should any amendments be thought necessary.
The other states to which treaties were to be proposed, were
England, Hamburg, Saxony, Prussia, Denmark, Russia, Austria,
Venice, Rome, Naples, Tuscany, Sardinia, Genoa, Spain, Portu-
gal, the Porte, Agiers, Tripoli, Tunis, and Morocco.

On the 7th of May, Congress resolved that a Minister Plenipo-
tentiary should be appointed, in addition to Mr. Adams and Dr.
Franklin, for negotiating treaties of commerce with foreign nations,
and I was elected to that duty. I accordingly left Annapolis on
the 1 1th, took with me my eldest daughter, then at Philadelphia,
(the two others being too young for the voyage) and proceeded to
Boston, in quest of a passage. While passing through the different
states, I made a point of informing myself of tlie state of the com-
merce of each, went on to New Hampshire with the same view,
and returned to Boston. Thence I sailed on the 5th of July, in
the Ceres, a merchant ship of Mr. Nathaniel Tracey, bound to
Cowes. He was liimself a passenger, and, after a pleasant voy-
age of nineteen days, from land to land, we arrived at Cowes on
the 26th. I was detained there a few days by the indisposition of
my daughter. On the 30th, we embarked for Havre, arrived
there on the 31st, left it on the 3rd of August, and arrived at
Paris on the 6th. I called immediately on Dr. Franklin, at Pas-
sy, communicated to him our charge, and we wrote to Mr. Adams,
then at the Hague, to join us at Paris.

Before I had left America, that is to say, in the year 1781, I
had received a letter from M. de Marbois, of the French legation
in Philadelphia, informing me, he had been instructed by his govern-
ment to obtain such statistical accounts of the different states of our
Union, as might be useful for Uieir information ; and addressing to
me a number of queries relative to the state of Virginia. I had
always made it a practice, whenever an opportunity occurred of
obtaining any information of our country, which might be of use to
me in any station, public or private, to commit it to writing. These
memoranda were on loose papers, bundled up without order, and
difficult of recunence, when I had occasion for a particular one.
I thought this a good occasion to embody their substance, which
I did in the order of Mr. Marbois' queries, so as to answer his
wish, and to arrange them for my own use. Some friends, to
whom tiiey were occasionally communicated, wished for copies ;
but their volume rendering this too laborious by hand, I proposed
to get a few printed, for tlieir gratification. I was asked such a
price however, as exceeded the importance of the object. On
ray arrival at Paris, I found it could be done for a fourth of what

VOL. I.

50

I had been Risked here. I therefore corrected and enlarged them,
and had two hundred copies printed, under tlio title of * Notes on
Virginia.' I gave a very few copies to some particular friends in
Europe, and sent the rest to my friends in America. An Euro-
pean copjf , by the death of tlie owner, got into the hands of a
bookseller, who engaged its translation, and when ready for the
press, communicated his intentions and manuscript to me, suggest-
mg tliat I should correct it, without asking any other permission for
the publication. I -never had seen so wretched an attempt at
translation. Interverted, abridged, mutilated, and often reversing
the sense of the original, I found it a blotch of errors, from be-
ginning to end. I corrected some of the most material, and, in
that form, it was printed in French. A Ijondon bookseller, on
seeing the translation, requested me to permit him to print the
English original. I tliought it best to do so, to let the world see
that it was not really so bad as the French translation had made
it appear. And this is the true history of that publication.

Mr. Adams soon joined us at Paris, and our first employment
was to prepare a general form, to be proposed to such nations as
were disposed to treat with us. During the negodations for peace
with the British Commissioner, David Hardey, our Commissioners
had proposed, on the suggestion of Dr. Franklin, to insert an arti-
cle, exempting from captiue by the public or private armed ships,
of either belligerent, when at war, all merchant vessels and their
cargoes, employed merely in carrying on the commerce between
nations. It was refused by England, and unwisely, in my opinion.
For, in die case of a war mih us, their superior commerce places
infinitely more at hazard on the ocean, dian ours ; and, as hkwks
abound in proportion to game, so our privateers would swarm, in
proportion to the wealth exposed to flicir prize, while theirs would
be few, for want of subjects of capture. We inserted this article
in our form, widi a provision against the molestation of fishermen,
husbandmen, citizens unarmed, and following Uieir occupations in
unfortified places, for the humane treatment of prisoners of war,
die abolition of contraband of war, which exposes merchant ves-
sels to such vexatious and ruinous detentions and abuses ; and for
the principle of free bottoms, free goods.

In a conference wiUi the Count de Vergennes, it was Uiought
better to leave to legislative regulation, on both sides, such modifi-
cations of our commercial intercourse, as would voluntarily flow
from amicable dispositions. WiUiout urging, we sounded the minis-
ters of the several European nations, at the court of Versailles, on
their dispositions towards mutual commerce, and the expediency
of enccuiaging it by the protection of a treaty. Old Frederic, of

•ged tliem,

' Notes on

friends in

An Euro-

lands of a

dy for the

5, suggest-

mission for

rttempt at

reversing

from be-

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print the

kvorld see

lad made

n.

i[)loyment
nations as
for peace
missioners
rt an arti-
led ships,
and their
between
y opinion,
ce places
as hhwks
swarm, in
sirs would
liis article
ishermen,
pations in
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hant ves-
; and for

s diought
h modifi-
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he minis-
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pediency
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J^

51

€

Prussia, met us cordially, and widiout hesitation, and, appointing
the Baron de Thulenicyer, his minister at tlie Hague, to negotiate
widi us, we communicated to him our Projet, which, with little
alteration by die King, was soon concluded. Denmark and Tus-
cany, entered also into negotiations wiUi us. Oilier powers ap-
pearing indifferont, we did not think it proper to press them. They
seemed, in fact, to know little about us, but as rebels, who had
been successful in Uirowing off the yoke of the moUier country.
They were ignorant of our commerce, which had been always
monopolized by England, and of the exchange of articles, it might
oflfer advantageously to both parties. They were inclined, there-
fore, to stand aloof, until diey could see better what relations
might be usefully instituted widi us. The negotiations, Uierefore,
begun with Denmar' and Tuscany, wo jirolracted designedly,
until our powers had expired ; and abi^taiiied from making new
propositions to others having no colonies ; because our commerce
being an exchange of raw for wrought materials, is a competent
price for admission into the colonies of those possessing Uiem ; but
were we to give it, widiout price, to others, all would claim it,
without price, on the ordinary ground of gentis nmicissimae.

Mr. Adams being appointed Minister Plenipotendary of the
United States, to London, left us in June, and in July, 1785, Dr.
Franklin returned to America, and I was appointed his successor
at Paris. In February, 1786, Mr. Adams wrote to me, pressingly,
to join him in London immediately, as he thought he discovered
there some symptoms of better disposition towards us. Colonel
Smith, his secretary of legation, was the bearer of his urgencies
for my immediate attendance. I, accordingly, left Paris on the
1st 01 March, and, on my arrival in London, wc agreed on a very
summary form of treaty, proposing an exchange of ciuzenship for
our citizens, our ships, and our producUons generally, except as to
office. On my presentation, as usual, to die King and Queen, at
their levees, it was impossible for any thing to be more ungracious,
than their notice of Mr. Adams and myself. I saw, at once, that
the ulcerations of mind in that quarter, left nothing to be expected
on the subject of my attendance ; and, on die first conference with
the Marquis of Caermarthen, the Minister for foreign affairs, the
distance and disinclination which he betrayed in his conversation,
the vagueness and evasions of his answers to us, confirmed me in
the belief of their aversion to have any thing to do widi us. We
delivered him, however, our Projet, Mr. Adams not despairing as
much as I did, of its effect. We afterwards, by one or more
notes, requested his appointment of an interview and cooference,
wliicli, without direcdy declining, he evaded, by pretences of other

■■p'

63

pressing occupations for die moment. After staying there seven
weeks, till williin a few days of the expiration of our commiasion,
I informed the minister, by note, that my duties at Paris required
my retu'-n to that place, and that I should, with pleasure, be the
bearer of any commands to his Ambassador liere. He answered,
that he had none, and, wishing me a pieasyri iourney, I left Lon-
don the 26th, and arrived at Paris the 30th ol April.

While in London, we entered into negotiations with the Che-
valier Pinto, Ambassador of Portugal, at tliat place. The only ar-
ticle of difRc Ity between us was, a stipulation that our bread stuff
should be received in Portugal, in the form of flour as well as of
grain. He approved of it himself, but observed that several No-
bles, of great influence at their court, were the owners of wind-
mills in the neighborhood of Lisbon, which depended ir uch for
their profits on manufacturing our wheat, and that this sUpulation
would endanger the whole treaty. He signed it, however, and its
fate was what he liad candidly portended.

My duties, at Paris, were confined to a few objects ; the receipt
of our whale-oils, salted fish, and salted meats, on favorable terms ;
the admission of our rice on equal terms with that of Piedmont,
Egypt and the Levant ; a mitigation of the monopolies of our to-
bacco by the Farmers-general, and a free admission of our pro-
ductions into their islands, were the principal commercial objects
which required attention ; and, on these o« casions, I was power-
fully aided by all the influence and the energies of the Marquis
de La Fayette, who proved himself equally zealous for the friend-
ship and welfare of both nations ; and, in justice, I must also say,
that I found the government entirely disposed to befriend us on
all occasions, and to yield us every indulgence, not absolutely in-
jurious to themselves. The Count De Vergennes had the repu-
tation, with the diplomatic corps, of being wary and slippery in his
diplomatic intercourse ; and so he might be, with those whom he
knew to be slippery, and double faced themselves. As he saw
that I had no indirect views, practised no subdeties, meddled in no
intrigues, pursued no concealed object, I found him as frank, as
honorable, as easy of access to reason, as any man with whom I
had ever done business ; and I must say the same for his succes-
sor, Montmorin, one of the most honest and worthy of human
beings.

Our commerce, in the Mediterranean, was placed under early
alarm, by the capture of two of our vessels and crews by the Bar-
bary cruisers. I was very unwilling that we should acquiesce in
the European humiliation, of paying a tribute to those lawless pi-
rates, and endeavored to form an association of die powers sub-

5S

ject to habitual depredations from tliem. I accurdinglv prepared,
and proposed to their Ministers at Paris, for consultatioi. witli
their governments, articles of a special confederation, in tlie fol-
lowing form.

* Proposals for concerted operation among the powers at war
with the piratical States of Barbary.

.1. It is proposed, tliat the several powers at war witli tlie pira-
tical States of Barbary, or any two or more of them who sliall be
willing, shall enter into a convention to carry on their operations
against those States, in concert, beginning with the Algerines.

2. This convention shall remain open to any other power, who
shall, at any future time, wish to accede to it ; the parties reserving
the right to prescribe the conditions of such accession, according
to the circumstances existing at the time it shall be proposed.

3. The object of thp convention shall be, to compel the piratical
States to perpetual peace, without price, and to guaranty that
peace to each other.

4. The operations for obtaining tliis peace, shall be constant
cruizes on their coast, witli a naval force now to be agreed on. It
is not proposed, that tliis force shall be so considerable as to be in-
convenient to any party. It is believed that half a dozen frigates,
with as many Tenders or Xebecs, one half of which shall be in
cruize, while the other half is at rest, will suffice.

5. The force agreed to be necessary, shall be furnished by the
parties, in certain quotas, now to be fixed ; it being expected, that
each will be willing to contribute, in such proportion as circum-
stances may render reasonable.

6. As miscarriages often proceed from the want of harmony
among officers of different nations, tlie parties shall now consider
and decide, whether it will not be better to contribute their quotas
in money, to be employed in fitting out and keeping on duty, a
single fleet of the force t 'reed on.

7. The difficulties and delays, too, which will attend tlie man-
agement of these operations, if conducted by the parties them-
selves separately, distant as their courts may be* from one another,
and incapable of meeting in consultation, suggest a question, whe-
ther it will not be better for them to give full powers, for that pur-
pose, to their Ambassadors, or other Ministers resident at some one
court of Europe, who shall form a Committee, or Council, for car-
rying this convention into effect ; wherein, the vote of each mem-
ber shall be computed in proportion to the quota of his sove-
reign, and the majority so computed, shall prevail in all questions
widiin the view of this convention. The court of Versailles is pro-
posed, on account of its neighborhood to tlie Mediterranean, and

d4

because all those |)Owers are re^n-esented there, who arc likely to
become parties to tliis convention.

8. To save to that Council the embarrassment of personal soli-
imitations for office, and to assure tlie parties that their contributions
will be applied solely to tlie object for which they are destuied,

^ there shall be no establishment of officers for the said Council,
such as Commissioners, Secretaries, or any oilier kind, with either
salaries or |)erquisites, nor any other huTative ap|X)inlments but
such whose functions are to be exercised on board the said vessels.

9. Should war arise between any two of the parties to this con-
vention, it shall not extend to this enteq)rize, nor interrupt it; but
as to this they shall be reputed at peace.

10. When Algiers shall be reduced to peace, the other piratical
States, if they refuse to discontinue their piracies, shall become the
objects of this convention, either successively or togeUier, as shall
seem best.

f II. Where this convention would interfere with treaties actually

existing between any of the ])a!ties ai"! the said States of Barbary,
tlie treaty shall prevail, and such pai \ sliall be allowed to with-
draw from the operations against that state.'

Spain had just concluded a treaty with Algiers, at the expense
of three millions of dollars, and did not like to relinquish the benefit
of that, until the other party should fail in Uieir observance of it.
Portugal, Naples, the two Sicilies, Venice, Malta, Denmark and
Sweden, were favorably disposed to such an association ; but their
representatives at Paris expressed apprehensions that France would
interfere, and, either Oj}enly or secreUy, support the Barbary
powers ; and they required, tliat I should ascertain the dispositions
of the Count de Vergennes on tlie subject. I had before taken
occasion to inform him of what we were proposing, and, therefore,
did not think it proper to insinuate any doubt of the fair conduct
of his government ; but, stating our propositions, I mentioned the
apprehensions entertained by us, that England would interfere in
behalf of those piratical governments. ' She dares not do it,' said
he. I pressed if no furtlier. The other Agents were satisfied
with this indication of his sentiments, and nothing was now wanting
to bring it into direct and formal consideration, but the assent of
our government, and their authority to make die formal proposi-
tion. I communicated to them the favorable prospect of protect-
ing our commerce from the Barbary depredations, and for such a
continuance of time, as, by an exclusion of them from the sea, to
change tiieir habits and characters, from a predatory to an agricul-
tural people : towards which, however, it was expected they would
contiibute a frigate, and its expenses, to be in constant cruize. But

they were in no condition to make any snrli enga^^ nient. Their '
recommendatory |K)Wt'rs lor obtaining contribiiiionH, \ "re no upenly
neglected by tlie several states, that they declined an nga^i^ement
which diey were conscious they could not fulfil with punctuality ;
and so it fell through.

*In 1786, while at Paris, I became acquainted with John Ticd-
yard, of Connecticut, a man of genius, of some sc^ience, and of
fearless courage and enteqirize. He had accompanied Captain
Cook in his voyage to the Pacific, had distinguished himsf^lf on
several occasions by an unrivalled intrepidity, and published an
account of tlmt voyage, with details unfavorable to Cook's deport-
ment towards the savages, and lessening our regrets at his fate.
Ledyard had come to Paris, in the hope of forming a company to
engage in the fur trade of the Western coast of America. He
was disappointed in this, and, being out of business, and of a roam-
ing, restless cliaracter, 1 suggested to him tlie enterprize of explor-
ing the Western \mn of our continent, by passing through St.
Petersburgh, to Kamschatka, and procuring a passage thence in
some of the Russian vessels to Nootka sound, whence he might
make his way across the continent, to the United States ; and I un-
dertook to have the permission of the Empress of Russia solicited.
He eargerly embraced the proposition, and M. de Semoulin, the
Russian Ambassador, and more particularly Baron Grimm, the spe-
cial correspondent of the Empress, solicited her permission for
him to pass througii her dominions, to the Western coast of Ame-
rica. And here 1 must correct a material error, which I have-
committed in anotlier place, to tlie prejudice of tlie Empress. In
writing some notes of the life of Captain Lewis, prefixed to his
' Expedition to the Pacific,' I stated that the Empress gave tlie
permission asked, and afterwards retracted it. This idea, after a
lapse of twenty-six years, had so insinuated itself into my mind,
that I committed it to paper, without the least suspicion of error.
Yet I find, on recurring to my letters of that date, that the Em-
press refused permission at once, considering the enterprize as
entirely chimerical. But Ledyard would not relinquish it, per-
suading himself, that, by proceeding to St. Petersburg, he could
satisfy the Empress of its practicability and obtain her permission.
He went accordingly, but she was absent on a vish to some distant
part of her dominions,! and he pursued liis course to within two

[* In the original MS., the paragraph ending with * fell through,' terminatai
page 8] ; between this page and the next, there is stitched in, a leaf of old
writing, constituting a memorandum, whereof note G. in thiB Appendix, is a
copyj

t The Crimea.

66

hundred miles of Kairiscliatka, where he was overtaken by an ar-
rest from the Empress, brought back to Poland, and there dis-
misi.ted. I must therefore, in justice, acquit the Empress of ever
having for a moment countenanced, even by the indulgence of an
innocent passage through her territories, this interesting enterprize.
The pecuniary distresses of France, produced this year, a mea-
sure of which there had been no example for near two centuries,
and the consequences of which, good and evil, are not yet calcu-
lable. For its remote causes, we must go a little back.

Celebrated writers of France and England, had already
sketched good principles on the subject of government : yet the
American Revolution seems first to have awakened the thinking
part of the French nation in general, from tlie sleep of despotism
in which they were sunk. The officers too, who had been to
America, were mostly young men, less shackled by habit and pre-
judice, and more ready to assent to the suggestions of common sense,
and feeling of conanon rights, than others. They came back with
new ideas and impressions. The press, notwithstanding its shackles,
began to disseminate them ; conversation assumed new freedoms ;
Politics became the theme of all societies, male and female, and
a very extensive and zealous party was formed, which acquired
the appellation of the Patriotic party, who, sensible of tlie abusive
government under which they lived, sighed for occasions of re-
forming it. This party comprehended all the honesty of the king-
dom, sufficiently- at leisure to think, the men of letters, the easy
Burgeois, the young nobility, partly from reflection, pardy from
mode ; for these sentiments became matter of mode, and as such,
united most of the young women to the party. Happily for the
nation, it happened, at the same moment, that the dissipations of the
Queen and court, the abuses of the pension-list, and dilapidations
in tlie administration of every branch of the finances, had ex-
hausted the ti'easures and credit of the nation, insomuch, that its
most necessary functions were paralyzed. To reform tliese abuses
would have overset the Minister ; to impose new taxes by the au-
thority of the King, was known to be impossible, from the deter-
mined opposition of the Parliament to their enregistry. No re-
source remained then, but to appeal to the nation. He advised
therefore, the call of an Assembly of the most distinguished cha-
racters of the nation, in ilie hope, that, by promises of various and
valuable improvements in the organization and regimen of the go-
vernment, they would be induced to authorise new taxes, to con-
trol die opposition of the Parliament, and to raise the annual
revenue to the leve'i of expenditures. An Assembly of Notables
therefore, about ore hundred and fifty in number, named by the

m

%

57

King, convened on tlie 22nd of February. The Minister, (Calonne)
stated to them, lliat the annual excess of expenses beyond tlie re-
venue, when Louis XVI. came to tlie throne, was thirty-seven
millions of livres ; that four hundred and forty millions had been
borrowed to re-establish the navy ; that the American war had cost
them fourteen hundred and forty millions, (two hundred and fifty-
six millions of dollars) and that tlie interest of tliese sums, with
Qther increased expenses, had added forty millions more to the
annual deficit. (But a subsequent and more candid estimate made
it fifty-six millions.) He proffered tliem an universal redress
of grievances, laid open those grievances fully, pointed out sound
remedies, and, covering his canvass with objects of this magnitude,
the deficit dwindled to a little accessory, scarcely attracting atten-
tion. The persons chosen, were the most able and independent
characters in the kingdom, and their support, if it could be ob-
tained, would be enough for him. They improved the occasion
for redressing their grievances, and agreed tliat the public wants
should be relieved ; but went into an examination of the causes of
them. It was supposed that Coloane was conscious that liis ac-
counts could not bear examination ; and it was said, and believed,
that he asked of the King, to send four members to the Bastile, of
whom the Marquis de la Fayette was one, to banish twenty others,
and two of his Ministers. The King found it shorter to banish
him. His successor went on in full concert with the Assembly.
The result was an augmentation of the revenue, a promise of
economies in its expenditure, of an annual settlement of the pub-
lic accounts before a council, which thfi Comptroller, having been
heretofore obliged to settle only with the King in person, of course
never settled at all ; an acknowledgment that the King could not
lay a new tax, a reformation of tlie Criminal laws, abolition of tor-
ture, suppression of corvees, reformation of the gabelles, removal
of the interior Custom Houses, free commerce of grain, internal
and external, and the establishment of Provincial Assemblies;
which, altogether, constituted a great mass of improvement in the
condition of the nation. The establishment of the Provincial As-
semblies was, in itself, a fundamental improvement. They would
be of die clioice of the people, one third renewed every year, in
those provinces where there are no states, that is to say, over
about three fourtlis of the kingdom. They would be partly an
Executive themselves, and partly an Executive Council to the In-
tendant, to whom the Executive power, in his province, had been
heretofore entirely delegated. Chosen by the people, they would
soften the execution of hard laws, and, having a right of represen-
tation to the King, they would censure bad laws, suggest good ones,

VOL. I.

8

58

expose abuses, and their representations, when united, would com-
mand respect. To the other advantages, might be added the
precedent itself of calling the Assemblee des Notables, which would
perhaps grow into habit. The hope was, that the imj^rovements
thus promised would be cairied into effect ; that they would be
maintained during the present reign, and that that would be long
enough for them to take some root in the constitution, so that they
might come to be considered as a part nf that, and be protected b](
time, and the attachment of the nation.

The Count de Vergennes had died a few days before the
meeting of the Assembly, and the Count de Montmorin had been
named minister of foreign afi&irs, in his place. ViUedeuil succeed-
ed Calonne, as Comptroller General, and Lomenie de Bryenne,
Archbishop of Thoulouse, afterwards of Sens, and ultimately Car-
dinal Lomenie, was named Minister principal, with whom the other
Ministers were to transact the business of tlieir departments, here-
tofore done witli the King in person ; and the Duke de Nivernois,
and M. de Malesherbes, were called to the Council. On the no-
mination of the Minister principal, tlie Marshals de Segur and de
Castries retired from the departments of War and Marine, unwil-
ling to act subordinately, or to share tlie blame of proceedings
taken out of their direction. They were succeeded by the Count
de Brienne, brotlier of the Prime Minister, and the Marquis de la
Luzerne, brotlier to liim who had been Minister in the United
States.

A dislocated wrist, unsuccessfully set, occasioned advice from
my surgeon, to try the mineral waters of Aix, in Provence, as a
corroborant. I left Paris for that place therefore, on the 28th of
Februaiy, and proceeded up the Seine, through Champagne and
Burgundy, and down the Rhone through the Beaujolais by Lyons,
Avignon, Nismes to Aix ; where, finding on trial no benefit from
the waters, I concluded to visit the rice country of Piedmont, to
see if any thing might be learned there, to benefit the rivalship of
our Carolina rice with that, and thence to make a tour of the sea-
port towns of France, along its Southern and Western coast, to in-
form myself, if any thing could be done to favor our commei ce
with them. From Aix, therefore, I took my route by Marseille j,
Toulon, Hieres, Nice, across the Col de Tende, by Coni, Tur ,.,
Vercelli, Novara, Milan, Pavia, Novi, Genoa. Thence, returning
along the coast by Savona, Noli, Albenga, Oneglia, Monaco, Nice,
Antibes, Frejus, Aix, Marseilles, Avignon, Nismes, Montpellier,
Frontignan, Cette, Agde, and along the canal of Languedoc, by
Bezieres, Narbonne, Cascassonne, Castelnaudari, througii tlie
Souterrain of St. Feriol, and buck by Castelnaudari, to Toulouse ;

thence to Montauban, and down the Garonne by Langon to Bor-
deaux. Thence to Rochefort, la Rochelle, Nantea, L'Orient $
then back by Rennes to Nantes, and up the Loire by AngetB)
Tours, Amboise, BloJs to Orleans, thence direct to Paris, where I
arrived on the 10th of June. Soon after my return from ithis
journey, to wit, about the latter part of July, I received my younger
daughter Maria, from Virginia, by the way of London, the young-
est having died some time before.

The treasonable perfidy of the Prince of Orange, Stadtholder
and Captain General of the United Netherlands, in the war which
England waged against tliem, for entering into a treaty of com-
merce willi the United States, is kno^n to all. As tJieir Execu-
tive officer, charged with the conduct of tlie war, he contrived to
baffle all the measures of the States General, to disiocate all their
military plans, and played false into the hands of England against
his own country, on every possible occasion, confident in her pro-
tection, and in that of the King of Prussia, brother to his Princess.
The States General, indignant at this patricidal conduct,' applied to
France for aid, according to tlie stipulations of the treaty, conclud-
ed with her in '85. It was assured to them readily, and in cordial
terms, in a letter from the Count de Vergennes, to the Marquis de
Verac, Ambassador of France at tlie Hague, of which the foUoW'
ing is an extract.

* Extrait de la depeche de Monsieur le Comte de Vergennes A
Monsieur le Marquis de Verac, Ambassadeur de France a la Haye,
du ler Mars, 1786.

Le Roi concourrera, autant qu' il sera en son pouvoir, au succes
de la chose, et vous inviterez, de sa part, les patriotes de lui com"
muniquer leurs vues, leurs plans, et leurs envieux. Vous les
assurerez, que le roi prend un interet ventable tk leurs personnes
comme a leur cause, et qu* ils peuvenl compter sur sa protection,
lis doivent y compter d' autant plus. Monsieur, que nous ne dissi-
mulons pas, que si Monsieur le Stadhoulder reprend son ancienne
influence, le systeme Anglois ne tardera pas de prevaloir, et que
notre alliance deviendroit un etrc de raison. Les Patriotes sen-
tiront facilement, que cette position serrit incompatible avec la
dignite, comme avec la consideration de sa majeste. Mais dans
le cas, Monsieur, on les chefs des Patriotes auroient a craindre
une scission, ils auroient le temps sufiisant |iour ramener ceux de
leurs amis, que les Anglomanes ont cgares, et preparer les choses,
de maniere que la question de nouveau misc en deliberation, soit
decidee selon leurs desirs. Dans cette hypothese, le roi vous
autorise a agir de concert avec eux, de suivre la direction qu'
ils jugeront devoir vous donner, et d' employer tous les moyens

00

pour augmenter le notnbre des partisans dc la bonne cause. H
me rp'-^e, Monsieur, de vous parler de la surete personelle des
Patriotes. Vous les assurerez, que dans tout etat de cause, le roi
les prend sous sa protection immediate, et vous ferez connoitre,
partout ou vous le jugerez necessaire, que sa Majeste regarderoit
comme une offense personnelle, tout ce qu' on entreprenderoit
contre leiu: liberie. II est a presumer que ce langage, tenu avec
energie, en imposera a I'audace des Anglomanes, et que Monsieur
le Prince de Nassau croira courir quelque risque en provoquant
le ressentiment de sa Majeste.'*

This letter was communicated by the Patriots to me, when at •
Amsterdam, in 1788, and a 'copy sent by me to Mr. Jay, in my
letter to him of March 16, 1788.

The object of the Patriots was, to establish a representative and
republican government. The majority of the States General were
with them, but the majority of the populace of the towns was witli
the Prince of Orange ; and that populace was played off with great
efiect, by the triumvirate of * * * Harris, tlie English Ambassador,
afterwards Lord Malmesbury, the Prince of Orange, a stupid
man, and the Princess as much a man as eidier of her colleagues,
in audaciousness, in enterprize, and in the thirst of domination.
By these, the mobs of die Hague were excited against the mem-
bers of the States General ; their persons were insulted, and en-
dangered in the streets; the sanctuary of their houses was violated ;

[* Extract froin the despatch of the Count de Vergennes, to the Marquis de
Verac, Ambassador from France, at the Ilairuo, dated March 1, 1786.
' The King will give his aid, as far as may he in his power, towards the suc-
cess of the uFair, and will, on his part, invite the Patriots to communicate to
him their views, their plans, and their discontents. Yon may assure them that the
King takes a real interest in themselves, as well as their cause, and that they
may rely upon his protection. On this they may place the greater depend-
ance, as we do not conceal, that if the Stadtholdor resumes his former influ-
ence, 'he English System will soon prevail, and out alliance become a mere
afiair of the imagination. The Patriots will readily feel, that this position
would be incompatible both with the dignity and consideration of his Majesty
But in case the chief of the Patriots should have to fear a division, they would
have time sufficient to reclaim those whom the Anglomaniacs had misled, and to
prepare matters in such a manner, that the question when a^ain agitated, might
be decided according to their wishes. In such a hypothetical case, the King
authorizes you to act in concert with them, to pursue the direction which they
may think proper to give you, and to employ every means to augment the num-
ber of the partisans of tiio good cause. It remains for me to speak of 'he per-
sonal socuritv of the Patriots. You may assure them, that under every circum-
stance, the King will take them under his immediate protection, and you will
make known wherever you may judge necessary, that his Majesty will regard,
as a personal offence, every undertaking against their liberty. It is to be pre-
sumed that this language, energeticaMy nmintainvd, may have some effect on
the audacity of the Anglomaniacs, and that the Prince de Nassau M'ill feel that
he runs some risk in provoking the rcsontmcnt of his Majesty. ]

<8^

61

and Uie Prince, whose function and duty it was to repress and
punish these violations of order, took no steps for that purpose.
The States General, for their own protection, were therefore
obliged to place their militia under the command of a Committee.
The Prince filled the courts of London and Berlin with complaints
at this usurpation of his prerogatives, and, forgetting that he was
but tlie first servant of a Republic, marched his regular troops
against tlie city of Utrecht, where the States were in session. They
were repulsed by tlie militia. His interests now became marshal-
ed with those of the public enemy, and against his own country.
The States, llierefore, exercising their rights of sovereignty, de-
prived iiim of all his powers. The great Frederic had died in
August, '86. lie had never intended to break with France in
suppoit of the Prince of Orange. During the illness of which he
(lied, he had, through the Duke of Brunswick, declared to the
Marqui? de La Fayette, who was then at Berlin, that he meant
not to support tlic English interest :n Holland : that he n^ight as-
sure the government of France, his only wish was, tliat some ho-
norable place in the Constitution sIiol I be reserved for tlie Stadt-
liolder and his children, and tliat he would take no part in tlie
quarrel, unless an entire abolition of the Stadtholderate should be
attempted. But his place was now occupied by Frederic William,
liis great nephew, a man of little understanding, much caprice, and
very inconsiderate : and the Princess, his sister, aldiough her hus-
band was in arn^s against the legitimate autlioriues of the country,
attempting to go to Amsterdam, for tlie purpose of exciting tlie
mobs of that place, ana being refused permission to pass a miUtary
post on tlie way, he put die Duke of Brunswick at the head of
twenty tiiousand men, and made demonstrations of marcliing on
Holland. The King of France hereupon declared, by his Charge
des Affaires in Holland, diat if the Prussian troops continued to
menace Holland with an invasion, his Majesty, in quality of Ally,
was determined to succor tliat province. In answer to this, Eden
gave official information to Count Montmorin, that England must
consider as at an end, its convention with France relative to giving
nodce of its naval armaments, and Uiat she was arming generally.
War being now imminent, Eden, since Lord Aukland, questioned
me on the effect of our treaty with France, in the case of a war,
and what might be our dispositions. I told him frankly, and with-
out hesitation, that our dispositions would be neutral, and tliat I
riiought it would be the interest of both these powers that we sliould
be so ; because, it would relieve botli from idl anxiety as to feed-
ing their West India islands ; that England, too, by suffering us to
remain so, would avoid a heavy land war on our Continent, wliich

M

63

might very niuch cripple her proceedings elsewhere ; tliat our treaty,
indeed, obliged us to receive into our ports tlie armed vessels of
France, with their prizes, and to refuse admission to the prizes
made on her hy her enemies : tliat there was a clause, also, by
which we guarantied to France her American possessions, whicti
might perhaps force us into the war, if these were attacked.*
' Then it will be war,' said he, ' for they will assuredly be attack-
ed.' Liston, at Madrid, about the same time, made the same en-
quiries of Carmichael. The government of France then declared
a determination to form a camp of observation at Givet, commen-
ced arming her marine, and named tlie Bailli de Suffi'ein their
Generalissimo on the Ocean. She secretly engaged, also, in ne-
gotiations with Russia, Austria and Spain, to form a quadruple al-
liance. The Duke of Brunswick having advanced to the confines
of Holland, sent some of his officers to Givet, to reconnoitre the
state of things there, and report them to him. He said afterwards,
that * if there had been only a few tents at that place, he should
not have advanced further, for that the King would not, merely for
the interest of his sister, engage in a war witli France.' But, find-
ing that there was not a single company there, he boldly entered
the country, took their towns as fast as he presented himself be-
fore them, and advanced on Utrecht. The States had appointed
the Rhingrave of Salm their Commander in cliief ; a Prince without
talents, without courage, and without principle. He might have
held out in Utrecht, for a considerable time, but he surrendered
the place without firing a gun, literally ran away and hid himself,
so that for months it was not known what was become of him.
Amsterdam was then attacked, and capitulated. In the mean time,
the negotiations for the quadruple aUiam^e were proceeding favor-
ably ; but the secrecy with which they were attempted to be con-
ducted, was penetrated by Fraser, Charge des Afiaires of England
at St. Petersburg, who instantly notified his court, and gave the
alarm to Prussia. The King saw at once what would be his situ-
ation, between the jaws of France, Austria, and Russia. In great
dismay, he besought the court of London not to abandon him, sent
Alvensleben to Paris to explain and sooth ; and England, through
the Duke of Dorset and Eden, renewed her conferences for ac-
commodation. The Archbishop, who shuddered at the idea of
war, and preferred a peaceful surrender of right, to an armed vin-
dication of it, received them with open arms, entered into cordial
conferences, and a declaration, and counter-declaration, were cook-
ed up at Versailles, and sent to London for approbation. They
were approved there, reached Paris at one o'clock of the 27th,
and were signed that night at Versailles. It was said and believed

/

**

at F aris, Uiat M. de Montmorin, literally *■ pleuroit comme un
enf&nt/ when obliged to sign this counter-declaration ; so distress-
ed v/as he by the dishonor of sacrificing the Patriots, after assu-
rances so solemn of protection, and absolute encouragement to pro-
ceed. The Prince of C ange was reinstated in all his powers,
now become regal. A great emigration of the Patriots took place ;
all were deprived of office, many exiled, and their property con-
fiscated. Tliey were received in France, and subsisted, for some
time, on her bounty. Thus fell Holland, by the treachery of her
Chief, from her honorable independence, to become a province of
England ; and so, also, her Stadtholder, from the high station of the
first citizen of a free Republic, to be die servile Viceroy of a foreign
Sovereign. And this was effected by a mere scene of bullying
and demonstration ; not one of the parties, France, England, or
Prussia, having ever really meant to encounter actual war for tlie
interest of the Prince of Orange. But it had all tlie effect of a
real and decisive war.

Our first essay, in America, to establish a federative government
had fallen, on trial, very short of its object. During the war of
Independence, while tlie pressure of an external enemy hooped us
together, and their enterprizes kept us necessarily on the alert, the
spirit of the people, excited by danger, was a supplement to the
Confederation, and urged them to zealous exertions, whether
claimed by that instrument or not ; but, when peace and safety
were restored, and every man became engaged in useful and pro-
f....ble occupation, less attention was paid to the calls of Congress.
The fundamental defect of the Confederation was, that Congress
was not authorised to act immediately on the people, and by its
own officers. Their power was only requisitory, and these requi-
sitions were addressed to the several Legislatures, to be by tliem
carried into execution, without other coercion than the moral prin-
ciple of duty. This allowed, in fact, a negative to every Legisla-
ture, on every measure proposed by Congress ; a negative so fre-
quently exercised in practice, as to benumb the action of the Fe-
deral government, and to render it inefficient in its gf;neral objects,
and more especially in pecuniary and foreign concerns. The
want, too, of a separation of the Legislative, Executive and Judi-
ciary functions, worked disadvantageouslv in practice. Yet this
state of things ajQTorded a happy augury ot tlie future march of our
Confederacy, when it was seen that the good '?cnse and good dis-
positions of the people, as soon as they pf ceived the incompe-
tence of their first compact, instead of leaving its correction to in-
surrection and civil war, agreed, with one voice, to elect depuues
to a general Convention, who should peaceably meet and agree on

61

such a Constitution as • wouM ensure peace, justice, liberty, the
common defence and general welfare.'

This Convention met ai Philadelphia on the 25th of May, '87.
It sat with closed doors, and kept all its proceedings secret, until
its dissolution on the 17th of September, when the results of its
labors v;ere published all together, i received a copy, early in
November, and read and contemplated its provisions with great
satisfaction. As not a member of the ConvenUon, however, nor
probably a single citizen of the Union, had approved it in all its
paits, so I, too, found articles which I thought objectionable. The
absence of express declarations ensuring freedom of religion, free-
dom of the press, freedom of the person under the uninterrupted
protection of the Habeas corpus, and trial by jury in Civil, as well
as in Criminal cases, nxcited my jealousy ; and the re-eligibility
of the Presider )H^. I quite disapproved. I expressed freely,
in letters to my i ids . .id most particularly to Mr. Madison and
General Washingi. •.., my } Drobations and objections. How the
good should be secured, ana tlie ill brought to rights, was the dif-
ficulty. To refer it back to a new Convention, might endanger
the loss of the whole. My first idea was, that the nine states first
acting, should accept it unconditionally, and thus secure what in it
was good, and that the four last should accept on the previous
condition, that certain amendments should be agreed to ; but a bet-
ter course was devised, of accepting the whole, and trusting that
the good sense and honest intentions of our citizens, would make
the alterations which should be deemed necessary.' Accordingly,
all accepted, six without objection, and seven with recommenda-
tions of specified amendments. Those respecting the press, reli-
gion, and juries, with several others, of great value, were accord-
ingly made ; but the Habeas corpus was left to the discretion of
Congress, and the amendment against the re-eligibility of the Pre-
sident was not proposed. My fears of that feature were founded
on the importance of the office, on the fierce contentions it might
excite among ourselves, if continuable for life, and tiie dangers of
interference, either with money or arms, by foreign nations, to
whom the choice of an American President might become inte-
resting. Examples of tliis abounded in history ; in die case of the
Roman Emperors, for instance ; of the Popes while of any signifir
cance ; of the German Emperors ; the Kings of Poland, and the
Deys of Barbary. 1 had observed, too, in the feudal history, and
in die recent instance, particularly, of the Staddiolder of Holland,
how easily offices, or tenures for life, slide into inheritances. My
wish, therefore, was that die President should be elected for seven
years, and be ineligible afterwards. This term I thought sufli-

>

s

cient to enable him, with the concurrence of the Legislature, to
cany througli and establish any system of improvement he should
propose for the general good. But tlie practice adopted, I think,
IS better, allowing his continuance for eight years, with a liability
to be dropped at half way of the term, making tliat a period of pro-
bation. That his continuance should be restrained to seven years,
was the opinion of the Convention at an earlier stage of its session,
when it voted tiiat term, by a majority of eight against two, and by
a simple majority, that he should be ineligible a second time. This
opinion was confirmed by the House so late as July 26, referred
to the Committee of detail, reported favorably by them, and
changed to the present form by final vote, on the last day, but one
only, of their session. Of tiiis change, tiiree states expressed their
disapprobation ; New York, by recommending an amendment, that
the President should not be eligible a third time, and Virginia and
North Carolina, tiiat he should not be capable of serving more than
eight, in any term of sixteen yeais ; and altiiough this amendment
has not been made in form, yet practice seems to have e^' blished
it. The example of four Presidents, voluntarily retirii./ tf the
end of their eighth year, and tlie progress of public opinir-^, thu^ the
principle is salutary, have given it in practice, the force of prece-
dent and usage ; insomuch, that should a President consent to be
a candidate for a third election, I trust he would be rejected, on
this demonstration of ambitious views.

But thtre was anotiier amendment, of which none ^i us thought
at the time, and in the omission of which, lurks the germ dial is
to destroy this happy combination of National powers, in the Gene-
ral government, for matters of National concern, and independent
powers in the States, for what concerns the States severally. In
England, it was a great point gained at the Revolution, that the
commissions of the Judges, which had hitherto been during plea-
sure, should thenceforth be made during good behavior. A Judi-
ciary, dependant on the will of the King, had proved itself the
most oppressive of all tools, in tiie hands of that Magistrate. No-
thing, then, could be more salutary, tiian a change tiiere, to the
tenure of good beftavior ; and tiie question of good behavior, left
to tiie vote of a simple majority in the two Houses of Parliament.
Before the Revolution, we were all good English Whigs, cordial
in tiieir free principles, and in their jealousies of tiieir Executive
Magistrate. These jealousies are very apparent, in all our state
Constitutions ; and, in the General government in this instance, we
have gone even beyond the English caution, by requiring a vote
of two thirds, in one of tiie Houses, for removing a Judge ; a vota

VOL. I. 9

66

so impossible, where* any defence is made, before men of ordi-
nary prejudices and passions, that our Judges are effectually inde-
pendent of die nation. I)ul Uns ought not to be. I vvouhl not,
indeed, make diem dependant on the Kx(;cutiv(^ authority, as diey
formerly were in England ; but I deem it indispensable to the con-
tinuance of this government, that th(?y should be submitted to some
tiractical and impartial control ; and that this, to be impartiaf, must
»e compounthul of a mixture of State and federal authorities. It
is not enough diat honest mcMi arc ap|K)int(Ml Judges. All know
die influence of inKTCst on the mind of man, and how uncon-
sciously his judgment is warped by that influence. To this bias
add that of the esffrit de corps, of their peculiar maxim and creed
that * it is die ofllce of a good .Judge to enlarge his jurisdiction,'
and the absence of responsibility ; and how can we expect impar-
tial decision between the (leneral governmeni, of which they are
diemselves so eminent a part, and an individual state, from which
diey have nothing to hope or fear ? Wo have seen, too, that, con-
trary to all correct example, ihcy arc in (he habit of going out of
the qu(?stion before them, to throw an anchor ahead, and grapple
further hold for future advances of power. They are then, in lact,
the corps of sappers and miners, steadily working to undermine the
independent riglits of the states, and to consolidate all power in the
hands of diat government, in which they have so iin|)ortant a free-
hold estate. But it is not by the consolidaiion, or concentration
of [)Owers, but by their dislribulion, that good government is ef-
fected. Wen; not this great country already divid(Ml into states,
that division must Iw; iiuuh", that ea<;li might do for itself what con-
cerns itself directly, and what it can so much better do than a dis-
tant authority. Every state again is divided into counties, each
to take care of what lies within its local bounds ; each county again
into townships or wards, to manage minuter details ; and every
ward into farms, to be governed each by its individual proprie-
tor. Were we directed from Washington when to sow, and when
to reap, we should soon want bread. It is by this partition of
cares, descending in gradation from general to particular, diat the
mass of human affairs may be best managed, •for the good and
prosperity of all. I repeat, that I do not charge Uie judges wiUi
wilful and ill-intentioned error ; but honest error must be arrested,
where its toleration leads to jiublic ruin. As, for the safety of so-
ciety, we commit honest maniacs to Bedlam, so judges should be

* In file impeachment of Judfjc Pickering, of New Ilnmpsliiru, a habitual
and maniac (Ininivard, nodofcneo wiih made, liud there boeii, the party vote
of more than one third of the Senate would have acquitted him.

07

wltlidrawii from their hfiirli, ulios** prnHM»ons hiasos are luading un
to (iissoltitioii. It may, iiuiccd, injiin! lliciii in t'liiiK; or in fortune ;
but it saves the K(>|)ulilie, wliich is (he lirst and sn|)ren)e law.

Anionf^ the (U'hilities of die p;ov('rnnient of the Confederation,
no one was more disliri^nished or more distressing, than die utter
impossihihty of obtaining, from the States, du; monies neeessary
for the payment of debts, or even for the orchnar} expensestof the
governnxiit. Some contrihnled a little, some less, and stjme
nothing ; and the last, furnished at length an ex(*use for the first,
to <lo nothing also. Mr. Adams, while r(>siding at die llagnc,
had a general authority to borrow what sums might he n>(|uisite,
for ordinary and neeessary (ixpenses. Inlen'st on the public debt,
and the maintenanee of the diplomatir establishment in Kuropc,
had he(Mi habitually |)rovi(led in diis way. lie was now elected
Vice IVesident of the United Slates, was soon to return to Aine-
ri<'a, ami had nlcrred our bankers lo me for future eouns(d, on
our ati'airs in their hands. Hut I had no powers, no instructions,
no means, and no familiarity with the? subject. It had always
been exclusively under his management, t^xcept as to occasional
and partial deposites in the hands of Mr. (jiand, banker in Paris,
for special and local pur|K)S('s. These last had been exhausted
for soiiK! tinu', and I had fervently pr«.'ssed the Treasury hoard to
replenish this jiarticular diiposite, as Mr. (irainl now refused to
make furdier advances. They answered candidly, thai no funds
could be obtained until the new gov(;rnmeiit should get into action,
and hav(! time to make its arrangenmnts. Mr. Adams bad re-
<(!ived his appointment to the court of lx)n(loii, while engaged at
]*aris, with l)r. Franklin and myself, indie negotiations under our
joint commissions. He had re|>air(!d thence to l^mdon, widiout
returning to die Hague, to take leave of that government. He
thought it necessary, however, to do so now, before he should leave
Kiirope, and accordingly went diere. i learned his departure from
Ijondon, by a letter from Mrs. Adams, rec«;ived on the very day on
which he would arrive at die Hague. A consultation widi him,
and some provision for the future, was indispensable, while we
could yet avail ourselves of his powers ; for when they would be
gone, we siiouhl be without resource. I was daily dunned by a
Company who had formerly made a small loan to the United States,
the principal of which was now become due ; and our bankers in
Amsterdam, had notified me that the interest on our general debt
would be expected in June ; that if we failed to j)ay it, it would
be (l(!eined an act of bankruptcy, and would eflectually destroy
the credit of the United States, and all future prospect of obtain-
ing money diere j that the loan Uiey had been authorised to open,

68

of which a tliird only was filled, had now coascd to get forward,
and rendered desperate that hope of resource. I saw llml tliero
was not a moment to lose, and set out for tlie Hague on tlie 2nd
morning after receiving die information of Mr. Adams's Journey.
1 went die direct road by Louvres, Senlis, Roye, Pont St. Max-
ence, Bois le due, Gournay, Peronne, Cambray, Bouchain, Va-
lenciennes, Mons, Bruxelles, Malincs, Antwerp, Mordick, and
Rotterdam, to the Hague, where I happily found Mr. Adams.
Ho concurred witli me at once in opinion, that someUiing must be
done, and that we ought to risk ourselves on doing it widiout in-
structions, to save die credit of the United States. We foresaw,
that before die new government could be adopted, assembled, es-
tablish its financial system, get the money into the Treasury, and
place it in Europe, considerable time would elapse ; diat, dierefore,
we had better provide at once, for the years '88, '89, and '90, in
order to place our govornmnnt at its ease, and our credit in secu-
rity, during Uiat trying interval. We set out dierefore, by the
way of Leyden, for Amsterdam, where wo arrived on die lOlJi.
I had prepared an estimate, shewing Uiat

Florins.
There would bo necesaary for the year '88— Ml, 1)37-10
I ■89— 53d,540

1)0-473,540

Total, 1,544,017-10

FloiitiH.
To meet this, the hankers had in hand, 7!),2i>rt-2-8
and the unsold bunds would yield, 542,800 022,008-2-8

Leaving a deficit of .... 921,940-7-4

Wo proposed then to borrow a million, yielding !>20,000

Which would leave a small deficiency of . 1,949-7-4

Mr. Adams accordingly executed 1000 bonds, for 1000 florins
each, and deposited them in the hands of our bankers, widi in-
structions, however, not to issue them until Congress should ratify
the measure. This done, he returned to London, and I set out
for Paris ; and, as nothing urgent forbade it, I determined to re-
turn along the banks of die Rhine, to Strasburg, and thence strike
off to Paris. I accordingly left Amsterdam on the 30th of March,
and proceeded by Utrecht, Nimeguen, Cleves, Duysberg, Dus-
seldorf, Cologne, Bonne, Coblentz, Nassau, Hocheim, Frankfort,
and made an excursion to Hanau, dien to Mayence, and anodier
excursion to Rudesheim, and Johansberg ; dien by Oppenheim,
Worms, and Manheim, making an excursion to Heidelberg, then
by Spire, Carlsruh, Rastadt and Kelh, to Strasburg, where I ar-
rived April the 16tli, and proceeded again on die 18di, by Phals-

69

l»oiirK, Fene8iran{i;e, Dicuze, Moyenvie, Nancy, Toiil, Ligny,
Burleiiiic, St. Diziers, Viiry, Chalons sir Manie, K})eniay, Cha-
teau Tliierri, Meuiix, to Paris, where i arrived on tlie 23rd of
April : and I hud the satisfaction to reflect, Uiat hy this ioii/ney,
our credit was secured, the new government was plaretl ut ease
for two years to come, and that, as well as myself, relieved from
tlie torment of incessant duns, whose just compioiiUs could not ho
silenced by an}' menus within ou*- jxjwer.

A Consular Convention had been agreed on in '84, between Dr.
Franklin and the French government, containing several articles,
so entirely inconsistent with the laws of the several sutes, and Uio
general spirit of our citizens, that Congress withheld tieir ratifica-
tion, and sent it bark to me, witli instnictions to get uiosc articles
expunged, or modified so as to rentier them compatille with our
laws. The Minister unwillingly releas» 1 us from these t oncessions,
which, indeed, authorised the exercise of |)owers very ofTensive in
a free state. After much discussion, Uie (Convention was re-
formed in a considerable degree, and was signed by ihe Count
Montmorin and myself, on the 14Ui of November, '88 ; not, indeed,
such as 1 would have wished ; but such as could be obtained wiUi
good humor and friendship.

On my return from Holland, 1 found Paris as 1 had left it, still
in high fermentation. Had the Archbishop, on the close of the
Assembly of Notables, immediately carried into operation the
measures contemplated, it was believed they would all have been
registered by the Parliament ; but he was slow, presented his
edicts, one after another, and at considerable inter'als, which
gave time for the feelings excited by the proceedings of the
Notables to cool off, new claims to be advanced, and a pressure
to arise for a fixed constitution, not subject to changes at tlie will
of die King. Nor should we wonder at this pressure, when we
consider the monstrous abuses of power under which this people
were ground to powder ; when we pass in review tiie weight of
tlieir taxes, and die inequality of their distribution ; tl)e oppressions
of the tythes, die tallies, the corvees, the gabelles, tlie farms and
the barriers; die shackles on commerce by monopolies: on industry
by guilds and corporations ; on the freedom of conscience, of
tliought, and of speech ; on the freedom of the press by the Cen-
sure ; and of the person by Lettres de Cachet ; Jie cruelty of die
Criminal c« le generally ; the atrocities of tlie Rack ; the venality of
Judges, and liieir partialities to die rich ; die monopoly of Military
honors by the \oblesse ; the enormous expenses of the Queen, the
Princes and tlie Court ; die prodigalities of pensions; and the riches,
luxury, indolence and immorality of tlic Clergy. Surely under such

70

a mass of misrule and oppression, a people might justly press for
thorough reformation, and might even dismount their rough shod
riders, and leave them to walk on tlieir own legs. The edicts,
reladve to the corvees and free circulation of grain, were first pre-
sented to the Parliament and regi;- red ; but diose for the impot ter-
ritorial, and stamp tax, offered some time after, were refused by die
Parliamen* .vhich pro|K)sed a call of the States General, as alone
competent to dieir authorizauon. Their refusal produced a Bed
of justice, and their exile to Troyes. The Advocates, however,
refusing to attend diem, a suspension in die administration of jus-
tice took place. The Parliament held out for a while, but the
ennui of the r exile and absence from Paris, began at lengdi to be
felt, and some dispositions for compromise to appear. On their
consent, therefore, to prolong some of the former taxes, diey were
recalled fran exile, the King met them in session, November 19,
'87, promised to call the States General in the year '92, and a
majority expressed dieir assent to register an edict for successive
and annual loans from 1788 to '92 ; but a jirotest being entered
by the Duke of Orleans, and this encouraging others in a disposi-
tion to retract, die King ordered peremptorily the registry of the
edict, and kft the assembly abruptly. The Parliament imme-
diately protested, Uiat the votes for the enrcgistry had not been
legally lake.^ and diat they gave no sancuon to die loans pro-
posed. This was enough to discredit and defeat Uiem. Here-
upon issued anodicr edict, for the establishment of a cour pleniere,
and die sujpension of all the Parliaments in the kingdom. This
being opposed, as might be expected, by reclamations from all
die Parliair.enls and Provinces, the King gave way, and by an
edict of July 5th, '88, renounced his cour pleniere, and promised
die States Ci<2neral lor the 1 st of May, of the ensuing year : and
die Archbishop, finding die times beyond his faculties, accepted
die promise of a Cardinal's hat, was removed [September '88]
from die Ministry, and Mr. Neckcr was called to the department
of finance. The innocent rejoicings of die people of Paris on
diis change, provoked the interference of an officer of the city
guards, whose order for their dispersion not being obeyed, he
charged diem w id. fixed bayonets, killed two or diree, and wound-
ed many. This dispersed them for the moment, but diey collect-
ed the next day in great numbers, burnt ten or twelve guard
houses, kjlled two or diree of die guards, and lost six or eight
more of their own number. The city was hereupon put under
Martial law, and after a while the tumult subsided. The effect of
this change of ministers, and the promise of the States General at
an early day, tranquilizcd the naUon. But two ^"eat quesuons now

71

occurred. 1st. What proportion slial! the number of deputies of the
Tiers etat bear to tliose of the Nobles and Clergy ? And 2Rd. shall
they sit in tlie same or in distinct apartments ? Mr. Necker, de-
sirous of avoiding himself those knotty questions, proposed a se-
cond call of tlie same Notables, and that their advice should be
asked on the subject. They met, November 9, '88, and, by five
bureaux against one, they recommended the forms of the States
General of 1614 ; wherein the Houses were separate, and voted
by orders, not by persons. But the v/bole nation declaring at
once against this, and that the Tiers etat should be, in numbers,
equal to botli the other orders, and the Par.'iament deciding for
the same projX)rtion, it was determined so to be, by a declaration
of December 27di, 'H8. A Report of Mr. Necker, to the Kings of
about the same date, contained other very im{)ortant concessions.
1. That the King could neiUier lay a new tux, nor prolong an old
one. 2. It expressed a readiness to agree on the periodical meet-
iiig of Uie States. 3. To consult on tlie necessary resuiction on
Lettres de Cachet; and 4. How far the press might be made free.
5. It admits that the States are to appropriate tlie public money ;
and 6. That Ministers shall be responsible for public expendi-
tures. And these concessions canu; from the very heart of the
King. He had not a wish but for the good of the nation ; and for
that object, no personal sacrifice would ever havt; cost Ikim a mo-
ment's regret ; but his mind was weakness itself, his constitution
timid, his judgment null, and without sufticient firmness even to
stand by the laiUi of his woril. His Queen, too, hauj^hty and
bearing no contradiction, had an absolute ascendancy over him ;
and around her were rallied the King's brother d'Artois, the court
generally, and the aristocratic part of his Ministers, particularly
Breteuil, Broglio, Vauguyon, Foulon, Luzerne, kMcn whose prin-
ciples of g*»vernment were those of the age of Ijouis XIV.
Against this host, the good counsels of Necker, Montmorin, St.
Priest, aiihough mi upison with the wishes of the King himself,
were of little avail. The resolutions of the morning, formed under
their advice, would be reversed in the evening, by the influence of
the Queen and court. But the hand of Heaven weighed lieavily
indeed on die machinations of this junto ; producing collateral in-
cidents, not arising out of the case, yet powerfully co-exciting the
nation, to force a regeneration of its government, and overwhelm-
ing, widi accumulated dilllculties, this liberlicide resistance. For,
while laboring under die want of inoney for even ordinary pur-
poses, in a government which required a million of livres a day,
and driven to Uie last ditch by die universal call for liberty, there
came on a winter of such severe cold, as was without example in

■ '"■1*v|i 'j-

i

1

n

the memory of man, or in the written records of histoiy. Tlie
Mercury was at times 50*^ helow the freezing point of Farenheit,
and 22*^ below that of Reaumur. All out-door labor was sus-
pended, and tiie }ioor, without the wages of labor, were, of course,
without eitlier bread or fuel. The government found its necessi-
ties aggravated by that of procuring immense quantiries of fire-
wood, and of keeping great fires at all the cross streets, around
which the people gathered in crowds, to avoid perishing with cold.
Bread, too, was to be bought, and distributed daily, gratis, until a
relaxation of the season should enable the people to work : and
the slender stock of bread stuff had for some time threatened fa-
mine, and had raised that article to an enormous price. So great,
indeed, was the scarcity of bread, that, from the highest to the
lowest citizen, the bakers were permitted to deal but u scanty al-
lowance per head, even to those who paid for it ; and, in cards of
invitation to dine in the ri« liest houses, the guest was notified to
bring his own bread. To eke out the existence of the people,
every person who had the means, was called on for a weekly sub-
scription, which the Cures collected, and ciiiployed in providing
messes for tlie nourishment of the jxx)r, and vied witli each other
in devising such economical compositions of food, as would subsist
the greatest nuuiber, with die smallest means. This want of bread
had been foreseen for some time past, and M. de Montmorin had
desired me to notify it in America, and that, in adrlition to the
market price, a premium should be given on what should be
brought from the United States. Notice was accordingly given,
and produced considerable snp|)lies. Sid)se(|uent information
made the importations from America, <hiriug tlu; months of March,
A.pril and May, info the Atlanti*' |M)rls of France, amoUnt to about
twenty-one thousand barrels of llour, besides what went to other
ports, and in odier months ; while otu" supplies to their West Indian
islands relieved diem also from that drain. This distress for
bread continued till July.

Hitherto no acts of popular violence had been produced by the
struggle for political reformation. I iillle riots, on ordinary incidents,
had taken place as at other times, in ditrerent pans of the kingdom,
!n which some lives, ])erhaj)s a dozen or twenty, had been lost ;
but in the month of April, a more serious one occurred in Paris,
unconiu.'cled, indeed, with the Revolutionary principle, but making
part of the history of the day. Tlu^ Fauxbourg St. Antoinc, is a
(juarter of the city, inhabited entirely by the class of day laborers
and journeymen in every line. A rumor was spiead among them,
that a great paper manufacturer, of the name of Reveillon, had
proposed, on some occasion, Uial llicir wages should be lowered

73

to fifteen sous a day. Inflniued at once into rage, and without
enquiring into its trutii, they (lew to his house in vast nunihers, de-
stroyed every thing in it, and in his magazines and work shops,
witiiout secreting, however, a pin's worth to themselves, and were
continuing this work of devastation, when the regular troops were
called in. Admonitions being disregarded, they were of necessity
fired o.i, and a regular action ensued, in which about one hundred
of them were killed, before the rest would disperse. There had
rarely passed a year without such a riot, in some part or other of
the kingdom ; and this is distinguished only as cotemporary with
the Revolution, ahhough not produced by it.

The States General were opened on the 5th of May, '89, by
speeches from the King, the Garde des Sceaux, Ijamoignon, and
Mr. Necker. The last was thought to trip too lightly over the
consUtuti^nal reformations which were expected. His notices of
them in this speech, were not as full as in his previous ' Rapport
Hu Roi.' This was observed, to his disadvantage : but much al-
lowance should have been made fr>r the situation in which he was
placed, between his own counsels, and those of the ministers and
pany of the court. Overruled in his own opinions, compelled to de-
liver, and to gloss over those of his opponents, and even to keep
Uieir secrets, he could not come forward in his own attitude.

The com)X)sttion of the Assembly, aUhough equivalent, on the
wliole, to what had l>een expected, was something different in its
elements. It had been supposed, that a superior education would
carry into tl)c scale of Uie Commons, a respectable portion of the
Noblesse. It did so as to those of Paris, of its vicinity, an 1 of the
oiher considerable cities, whose greater intercourse v»iihenlightei>-
ed society had liberalised their minds, and prepared them to ad-
vance up to the measure of the times. But the Noblesse of the
country, which constituted two thirds of that body, were far in
their rear. Residing constantly on their patrimonial feuds, and
familiarised, by daily habit, with Seigneurial powers and practices,
they had not yei learned to suspect thei"* inconsistence with reason
and right. They were willing to subriij, to equality of taxation,
but not ti descend fron» tlieir rank and prerogatives to be incor-
porated in session willi t^ie Tiers etat. Among the Clergy, on the
otlier hand, it had been apprehended that the higher orders of the
Hierarchy, by their wealth and ccmnecuons, would have carried
the elecuons generally ; but it turned out, that in most cases, the
tower clergy had obtained the popular majorities. These consist-
ed of the Cures, sons of the peasantry, who had been employed
to do all the drudgery of parochial services for ten, twenty, or
VOL. I. 10

Pi

n

thirty Louis a year ; while their superiors were coiisumin;^ tlieii'
princely revenues, in palaces of luxury and indolence.

Thr objects (cr vvhich this body was convened, being of the Hcsi
ordT f/ importance, 1 felt it very interesting to understend the
itws of the parties of which it was composed, and especially ili&
ideas prevalent, as to the organization contemplated for their go-
vernment. I went, therefore, dailv from Pans to Versailles, and
attended their debates, generally tiil the hour of adjournment.
Those of tlie Noblesse were impassioned and tempestuous. They
had some able men on both sides, actuated by equal zeal.
The debates of the Commons were temperate, rational, and in-
flexibly firm. As preliminary to all other business, the awful
questions came on, shall the States sit in one, or in distinct apart-
ments ? And shall they vote by heads or houses ? The opposition
was soon found to consist of the Episcopal order among the clergy,
and two thirds of the Noblesse ; while tlie Tiers etat were, to a man,
united and determined. After various propositions of rompromise
had failed, the Commons undertook to cut the Gordian knot.
The Abbe Sieyes, the most logical head of the nation, (author of
the pamphlet 'Qu'est ce que ie Tiers etat ?' which had electrified thsit
country, as Paine's Common Sense did us,) after an impressive
speech on the 10th of June, moved that a last invitation should be
sent to tlie Nobles and Clergy, to attend in the hall of the States,
collectively or individually, for the verification of po'vers, to which
the Commons would proceed immediately, either in their presence
or absence. This verification being finished, a motion was made,
on the 15th, that they should constitute themselves a National
Assembly ; which was decided on the 17th, by a majority of lour
fifths. During the debates on this quesuon, about twenty of the
Cures had joined them, and a proposition was made, in the cham-
ber of the Clergy, that their whole b > . hould join. This was
rejected, at first, by a stnall majority >?;!; j but, being afterwards
somewhat modified, it was decided affirmatively, by a majority of
eleven. While this was under debate, and unknown to the court,
to wit, on the 19th, a council was held in the afternoon, at Marly,
wherein h was proposed that the King should interpose, by a de-
claration of his sentiments, in a seance royale. A form of decla-
ration was proposed by Necker, which, while it censured, in gene-
ral, the proceedings, both of the Nobles and Commons, announced
the King's views, such as substantially to coincide with the Com-
mons. It was agreed to in Council, the seance was fixed for the
22nd, the meetings of the States were till then to be suspended,
and evej; thing, in the mean time, kept secret. The members,
the next morning (the 20th) repairing to their house, as usual, found

<* >1%^v^'^i^'* '"'^

75

V^ ,;v

«ha dfors shut and giiaidcti, u proclaniaiion posted up for a sennce
r-.-^jcia c" the 2:2nd, and a suspension of liieir meetings in the mean
lime. Concluding tliat their dissolution was iiow lo tnkc place,
they repaired to a building c;'led the ' .'eu do paume' (or Idnnis
court) and there bound thnmselves by oath to each other, never lo
separate, of their own accord, till they had settled a constituuon
for the nation, on a solid basis, and, if separated by force, that
they would reassemble in some other place. The next day^ they
met in tlie church of St. Louis, and were joined by a majority of
the clergy. The heads of the Aristocracy saw that all was lost
without some bold exertion. The King was still at Marly. No
body was permitted to approach him but dieir friends. He was
assailed by faisel)oods in all shapes. He was made to believe that
the Commons were about to absolve die army from tlieir oath of
fidelity to him, and to raise their pay. The court party were
now all rage and desperation. They procured a committee to be
held, consisting of die King and his Ministers, to which Monsieur
and the Count d'Artois should be admitted. At Uiis committee,
the latter attacked Mr. Necker personally, arraigned his declara-
tion, and proposed one, which some of his prompters had put into
his hands. Mr. Necker was brow-beaten and intimidated, and die
King shaken. He determined Uiat the two plans should be deli-
berated on, the next day, and the seance royate j)ut off a day longer.
This encouraged a fiercer attack on Mr. Necker the next day.
His draught of a declaration was entirely broken up, and that of
the Count d'Artois inserted into it. Himself and Montmorin offer-
ed their resignadon, which was refused ; the Count d'Artois saying
to Mr. Necker, ' No, sir, you must be kept as die hostage ; we
hold you responsible for all die ill which shall happen.' This
change of plan was immediately whispered wiUiout doors. Tlie
Noblesse were in triumph-; the people in consternation. I was
quite alarmed at this state of things. The soldiery had not yet
indicated which side they should take, and that which they should
support would be sure to prevail. I considered a successful re-
formation of government in France, as ensuring a geneml reforma-
tion through Europe, and the resurrection, to a new lift, of Uieir
people, now ground to dust by the abuses of die govemhig povvTrs.
I was much acquainted with the leading patriots of the Assembly.
Being from a country which li:id successfully passed through a
similar veformaUon, they were disposed to my acquaintance, and
had some confidence in me. I urged, most strenuously, an im-
mediate compromise ; to secure wliat the government was now
ready to yield, and trust to future occasions for what might suU bt,
wanting. It was well understood that the King would grantj at

fA

76

this time, 1. Freedom of the person by Habeas corpus : 2. Free-
dom of conscience : 3. Freedom of tlie press : 4. Trial by jury:
5. A rej)resentative Legislature : 6. Annual meetings : 7. The
origination of laws: 8. The ex/, isive rif;lu of taxation and ap-
propriation : and 9. The responsibility of Ministers : and with the
exercise of these jxiwers they could obtain, in future, whatever
might he furtlier necessary to improve and preserve their constitu-
tion. They thought othenvise. however, and events have proved
their lamentable error. For, after thirty years of war, foreign and
domestic, the loss of millions of lives, the prostration of private hap-
piness, and the foreign subjugation of their own country for a time,
they have obtained no more, nor even tliat securely. They were
unconscious of, (for who could foresee?) the melancholy sequel of
their well-meant perseverance ; that their physical force would be
usurped by a first tyrant to trample on the independence, and even
the existence, of other nations : that this would afford a fatal example
for the atrocious conspiracy of Kings against their people ; would
generate tlieir unholy and homicide alliance to make common
cause among themselves, and to crush, by the power of the whole,
the efforts of any part, to moderate their abuses and oppressions.

Wlien the King passed, tlie next daj', through the lane formed
from the Chateau to the ♦ Hotel des etats,' there was a dead si-
lence. He was about an hour in the House, delivering his speech
and declaration. On liis coming out, a feeble cry of * vive le roy*
was raised by some children, but tlie people remained silent and
sullen. In tiie close of his speech, he had ordered that the mem-
bers should follow him, and resume their deliberations the next
day. The Noblesse followed him, and so did the Clergy, except
about thirty, who, witii the Tiers, remained in the room, and enter-
ed into deliberation. They jvrotested against what tlie King had
done, adhered to al! iheir former proceedings, and resolved the
inviolability of their own persons. An officer came, to order tliem
out of the room in the King's name. * Tell those who sent you,*
said Mirabeau, * that we shall not move hence but at our own will,
or the point of rhe uayonet.' In the afternoon, the people, uneasy,
began to assentbie in great numbers in the courts, and viciniucs of
the palac'.'. This produced ularm. The Queen sent for Mr.
Nedcer. lie wm ";nducted, amidst the shouts and acclamations
of the multitude, who fiiled all the apartments of tJie palace. He
was a few minute b onl> i^'ith the Queen, and what pasied between
them did not transpire. The King went out to ride. He passed
through the crowd to his carriage, and into it, without being in the
least lioiced. Aj Mr. Necker followed him, universal acclama-
tioi i were raised of * vive Monsieur Necker, vive !e sauveur de la

77

France opprimee.' He was conducted back to his house, with
tlic same demonsurations of affection and anxiety. About two hun-
dred deputies of die Tiers, catching the enthusiasm of the moment,
went to his house, and extorted from him a promise that he would
not resign. On the 25th, forty-eight of the Nobles joined the
Tiers, and among them the Duke of Orleans. There were dim
widi them one hundred and sixty-four members of the Clergy, al-
though the minority of that body sull sat apart, and called diem-
selves die Chamber of the Clergy. On die 2Gth, the Archbishop
of Paris Joined the Tiers, as did some odiers of ilie Clergy and of
die Noblesse.

These proceedings had dirown the people into violent ferment.
Tt gained die soldiery, first of the French guards, extended to
those of every odier denomination, except the Swiss, and even to
the body guards of the King. Th^y began to nuit their barracks,
to assemble in squads, to declare diey would defend the life of die
King, but would not be Uie murderers of their fellow-citizens.
They called d:emselves the soldiers of the nation, and left now no
doubt on which side diey would be, in case of a rupture. Similar
accounts came in from the troops in other parts ol the kingdom,
giving good reason to believe diey would side with their faUiers
and brothers, rather than with their officers. The operation of
this medicine at Versailles, was as sudden as it was powerful.
The alarm there was so complete, diat in the afternoon of the
27th, the King wrote, with his own hand, letters to the Presidents
of the Clergy and Nobles, engaging them immediately to join the
Tiers. These two bodies were debaung, and hesitating, when
notes from the Count d'Artois decided their compliance. They
went in a body, and took their seats with the Tiers, and thus ren-
dered the union of the orders in one chamber, complete.

The Assembly now entered on the business of their mission,
and first proceeded to arrange the order in wiiich they would take
up the heads of their constitution, as follows :

First, and as Preliminary to the whole, a general Declaration
of the Rights of Man. Then, specifically, die Principles of the
Monarchy ; Rights of the Nation ; rigiits of the King ; rights of
the Citizens ; organization and rights of die National Assembly ;
forms necessary for the enactment of Laws ; organization and
functions of the Provincial and Municipal Assemblies ; duties and
limits of the Judiciary power ; functions and duties of the Military
power.

A Declaration of the Rights of Man, as the preliminary of their
work, was accordingly prepared and proposed by the Marquis de.
la Fayette.

'!-fi

78

But tlie quiet of their march was soon dislurhed by information
tJiat troops, and particularly tlie foreign troops, were advancing on
Paris from various quarters. The King had probably been ad-
vised to this, on the |)retext of preserving peace in Paris. But
liis advisers were believed to have other things in contemplation.
The Marshal de Broglio was appinted to dieir command, a high-
flying aristocrat; cool and capable of every thing. Some of the
French guards were soon arrestetl, under other pretexts, but really,
on account of their dispositions in favor of the National cause.
The people of Paris forced their prison, liberated them, and sent
a deputation lo the Assembly to solicit a pardon. The Assembly
recommended peace and order to die people of Paris, the priso-
ners to the King, and asked from him the removal of the troops.
His answer was negative and dry, saying they might remove them-
selves, if diey pleased, to Noyons or Soissons. In the meantime,
these troops, to the number of twenty or thirty thousand, had ar-
rived, and were posted in, and between Paris and Versailles. The
bridges and passes were guarded. At three o'clock in the after-
noon of the 1 1th of July, die Count de la Luzerne was sent to notify
Mr. Necker of his dismission, and to enjoin him to retire instantiy,
without saying a word of it to any body. He went home, dined,
and proposed to his wife a visit to a friend, but went in fact to his
country house at St. Ouen, and at midnight set out for Brussels.
This was not known till die next day (the 12di,) when the whole
Ministry was changed, except ViUedeuil, of the domestic depart-
ment, and Barenton, Garde des sceaux. The changes were as
follows.

The Baron de Breteuil, President of die Council of Finance ;
de la Ga'iiisiere, Comptroller General, in die room of Mr. Necker ;
the Marshal de Broglio, Minister of War, and Foulon under
him, in die room of Puy-Segur , the Duke de la Vauguyon, Mi-
nister of Foreign AfTau's, instead of die Count de Montmorin ;
de la Porte, Minister of Marine, in place of the Count de la
Luzerne ; St. Priest was also removed from the Council. Lu-
zerne and Puy-Segur, had been strongly of die Aristocratic party
in the Council, but they were not co jsidered as equal to the work
now to be done. The King was now completely in die hands of
men, the principal among whom, had been noted, through dieir
lives, for die Turkish despotism of their characters, and who were
associated around the King, as proper instruments for what was to
be executed. The news of diis change began to be known at
Paris, about one or two o'clock. In the afternoon, a body of
about one hundred German cavalry were advanced, and drawn up
in the Place Louis XV. and about two hundred Swiss posted at

jSi'

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79

a little distance in their rear. This drew jieople to the s|X)t, who
tims accidentally found themselves in front of the troops, merely
at first as spectators ; but, as their numbers increased, their indig-
nation rose. They retired a few steps, and posted themselves on
and behind largo piles of stones, large and small, collected in that
place for a bridge, which was to be built adjacent to it. In this
position, happening to be in my carriage on a visit, I passed through
the lane they had formed, without interruption. But the moment
after 1 had passed, the people attacked the cavalry with stones.
They charged, but the advantageous position of the people, and
the showers of stones, obliged the horse to retire, and quit the field
altogether, leaving one of their number on the ground, and the
Swiss in their rear, not moving to their yu\. This was the signal
for universal insurrection, and this body of cavalry, to avoid being
massacred, retired towards Versailles. Tiie people now armed
themselves with such weapons as they could find in armorer's shops,
and private houses, and with bludgeons ; and were roaming all
night, through all parts of the city, without any decided object.
The next day (the 13th,) the Assembly pressed on the King to
send away the troops, to permit the Bourgeoisie of Paris, to arm for
the preservation of order iq the city, and offered to send a depu-
tation from their body to tranquilize diem : Bur their propositions
were refused. A committee of magistrates and electors of the
city were appointed by those bodies, to take u[X)n them its govern-
ment. The people, now openly joined by the PVench guards, forced
the prison of St. Lazare, released all the prisoners, and took a great
store of corn, which they carried to the corn-market. Here they
got some arms, and tlie French guards began to form and train
them. The city-committee determined to raise forty-eight thousand
Bourgeois, or rather to restrain their numbers to forty-eight thou-
sand. On tlie 14th, diey sent one of their members (Monsieur
de Corny) to the Hotel des Invalides, to ask arms for their Garde
Bourgeoise. He was followed by, and he found diere, a great
collection of people. The Governor of tlie Invalids came out,
and represented the impossibility of his delivering arms, without
the orders of those from whom he received them. De Corny ad-
vised the people then to retire, and retired himself; but the people
took possession of the arms. It was remarkable, tliat not only the
Invalids themselves made no opposition, but that a body of five
thousanc^ foreign troops, within four hundred yards, never stirred.
M. de Corny, and five others, were then sent to ask arms of M. de
Launay, Crovemor of the Bastile. They found a great collection
of people already before tlie place, and they immediately planted
a flag of truce, which vwis*^nswered by a like flag hoisted on the

80

f)ara|)et. Tiic depiitaiion prevailed on the people to full back a
ittle, advanced tliemselves to make tlieir demand of the Governor,
and in that instant, a discharge from the Bastile killed four persons,
of Uiose nearest to the deputies. The deputies retired. I hap-
pened to be at the house of M. de Corny, when he returned to
It, and received from him a narrative of these transactions. On
the retirement of tlie deputies, the people rushed forward, and
almost in an instant, were in possession of a fortification, ut infinite
strengU), defended by one hundred men, which in other times, had
stood several regular seiges, and had never been taken. How
they forced their entrance has never been explained. They took
all the arms, discharged the prisoners, and such of the garrison as
were not killed in Uie first moment of fury ; carried tlie Governor
and Lieutenant Governor, to the Place de Greve, (the place of
public execution,) cut off their heads, and sent them through tlie
city, in triumph, to the Palais royal. AlK)ut the same instant, a
treacherous correspondence having been discovered in M. de
Flesselles, Prevot des Marchands, they seized him in tlie Hotel
de Ville, where he was in the execution of his oflice, and cut off
his head. These events, carried imperfectly to Versailles, were
tlie subject of two successive deputations from the Assembly to
tlie King, to both of •which he gave dry and hard answers ; for
nobody had as yet, been permitted to inform him, truly and fully,
of what had passed at Paris. But at night, the Duke de Lian-
court forced his way into the King's bed chamber, and obliged
him to hear a full and animated detail of the disasters of the day
in Paris. He went to bed fearfully impressed. The decapi-
tation of de Launay, worked powerfully tlirough the night, on the
whole Aristocratical party ; insomuch, that in the morning, those
of the greatest influence on the Count d'Artois, represented to him
the absolute necessity, that the King should give up every thing to
tlie Assembly. This according with the dispositions of the Kmg,
he went about eleven o'clock, accompanied only by his orothers,
to the Assembly, and there read to them a speech, in which he
asked their interposition to re-establish order. Although couched
in terms of some caution, yet the manner in which it was delivered,
made it evident that it was meant as a surrender at discretion. He
returned to the Chateau a foot, accompanied by die Assembly. They
sent off a deputation, to quiet Paris, at the head of which was the
Marquis de la Fayette, who had, the same morning, been named
Commandant en chef of the Milice Bourgeoise ; and Monsieur
Bailly, former President of the States General, was called for as
Prevot des Marchands. The demolition of the Bastile was now
ordered and begun. A body of tlie *6wiss guards, of the regi-

n pai
he be
whate

HI

mcnt of Ventiinilic, niul the city horse ^;iinnis Joinod Uio |)oo|)lc.
'Vho alarm at Versailles hioreased. The foreign troops were or-
dered ort' iiistantlv. Kvery Minister resigned. The King con-
linned Haill) as I'lovot des Marchunds, wrote to Mr. Necker, to
recall him, sjuit his letter open to the Assembly, to be forwarded
hy them, and invited them to gu with him to Paris the next day, to
satisfy the city of his dispositions ; and Uiat night, and tlie next
morning, the Count d'Artois, and M. de Montesson, a deputy con-
nected with him, Madame de Pollgnac, Madame de Cuicho, and
the Count de Viuidreuil, favorites of the Queen, the Abbe de Ver-
mont her confessor, the Prince of Conde, and Duke of Bourbon fled.
The King came to Paris, leaving die Queen in consternation for
his return. Omitting the less important figures of the procession,
the King's carriage was in the centre ; on each side of it, the As-
sembly, in two ranks a foot ; at their head the Marcpiis de la Fayette,
as Commander in chief, on horse back, and Hourgeois guards be-
fore and behind. About sixty Uiousand citizens, of all forms and
conditions, amied with the conquests of the Haslile and Invalids,
as far as they would go, the rest with pistols, swords, pikes, priai-
ing hooks, scythes, &ic. lined all the streets through which die
])rocession passed, and with Uie crowfis of people in the streets,
doors, and windows, saluted them every where with the cries of
' vlve la nation,' but not a single ' vive le roy' was heard. The
King stopped at the Hotel de Ville. There M. Bailly presented,
and put into his hat, the ])opular cockade, and addressed him.
The King being unprepared, and unable to answer, Bailly went to
liiin, gathered from him some scraps of sentences, and made out
an answer, which he delivered to die audience, as from the King.
On their return, the popular cries were ' vive le roy et la nation.'
Ife was f nuluctcd by a garde Bourgeoise, to his palace at Ver-
sailles, and dius eoncluded such an ' amende honorable,' as no
sovereign ever made, and no people ever received.

And here again, was lost another precious occasion of sparing
to France the crimes and cruekics through which she has since
passed, and to Europe, and finally America, the evils which flowed
on them also from this mortal source. The King was now become
n passive machine in the hands of the National Assembly, and had
he been left to himself, he would have willingly acquiesced in
whatever diey should devise as besi fc, the nation. A Vvise con-
stitution would have been formed, hcrt-ditary in his line, himself
placed at its head, with powers so large, as to enable him to do all
the good of his station, and so limite(l, as to restrain him from its
abuse. This he would have faithfully administered, and more
than diis, 1 do not believe, he ever wished. But he had a Queen

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of absolute sway over his weak mind, and timid virtue, and of a
character, the reverse of his in all points. This angel, as gaudily
painted in the rhipsodies of Burke, with some smartness of fancy,
but no sound sense, was proud, disdainful of restraint, indignant at
all obstacles to her will, eager in the pursuit pf pleasure, and firm
enough to hold to her deares. or perish in their virreck. Her in-
ordinate gambling and dissipations, with those of the Count d*Ar-
tois, and others of her clique^ had been a sensible item in the
exhaustion of the treasury, which called into action the reforming
hand of the nation ; and her opposition to it, her inflexible per-
verseness, and dauntless spirit, led herself to the Guillotine, drew
the King on with her, and plunged the world into crimes and ca-
lamities which will forever stain the pages of modem history. I
have ever believed, that had there been no Queen, tliere would
have been no revolution. No force would have been provoked,
nor exercised. The King would have gone hand in hand with the
wisdom of his sounder counsellors, who, guided by the increased
lights of the age, wished only, with the same pace, to advance the
principles of their social constitution. The deed which closed the
mortal course of these sovereigns, I shall neither approve nor con-
demn. I am not prepared to say, that the first magistrate of a
nation cannot commit treason agamst his country, or is unamena-
ble to its punishment : nor yet, that where there is no written law,
no regulated tribunal, there is not a law in our hearts, and a power
in our hands, given for righteous employment in maintaining right,
and redressing wrong. Of those who judged the King, many
thought him wilfully criminal ; many, that his existence would keep
the nation in perpetual conflict with the horde of Kings, who
would war agamst a regeneration which might come home to
themselves, and that it were better that one should die than aU.
I should not have voted with this portion of the legislature. I
should have shut up the Queen in a convent, putting harm out of
her power, and placed the King in his station, investiig him with
limited powers, which, I verily believe, he would have honestly
exercised, according to the measure of his understanding. In
this way, no void would have been created, courting the usurpa-
tion of a military adventurer, nor occasion given for those enor-
mities which demoralised tlie nations of the world, and destroyed,
and is yet to destroy, millions and millions of its inhabitants. There
are three epochs in history, signalized by the total extinction of
national morality. The first was of the successors of Alexander,
not omitting himself: The next, the successors of the first Cesar :
The third, our own age. Tliis was begun by the partition of Po-
land, followed by that of the treaty of rilnitz ; next the conflagra-

a

83

tion of Copenhagen ; then the enormities of Bonaparte, partirion-
ing the earth at his will, and devastating it with fire and sword ;
now the conspiracy of Kings, the successors of Bonaparte, blas-
phemously calling themselves the Holy Alliance, and treading in
the footsteps of their incarcerated leader ; not yet, indeed, usurp-
ing the government of other nations, avowedly and in detail, but
controling by their armies the forms in which they will permit
them to be governed ; and reserving, in petto, the order and ex-
tent of the usurpations further meditated. But I will return from
a digression, anticipated, too, in time, into which I have been led
by reflection on the criminal passions which refused to the world,
a favorable occasion of saving it from the afflictions it has smce
suffered.

Mr. Necker had reached Basle before he was overtaken by
the letter of the King, inviting him back to resume the office he
had recently left. He returned immediately, and all the other
ministers having resigned, a new administration was named, to wit :
St. Priest and Montmorin were restored ; the Archbishop of Bor-
deaux was appointed Garde des sceaux. La Tour du Pin, Minis-
ter of War ; La Luzerne, Minister of Marine. This last was be-
lieved to have been effected by the friendship of Montmorin ; for
although differing in politics, they continued firm in friendship, and
. Luzerne, although not an able man, was thought an honest one.
And the Prince of Bauvau was taken into the Council.

Seven Princes of the blood Royal, six ex-mmisters, and many
of the high Noblesse, having fled, and the present ministers, ex-
cept Luzerne, being all of the popular party, all the functionaries
of government moved, for the present, in perfect harmony.

In the evening of August the 4th, and on the motion of the Vis-
count de Noailles, brother in law of La Fayette, the Assembly abo-
lished all titles of rank, all the abusive privileges of feudalism, the
tythes and casuals of (he Clergy, all Provincial privileges, and, in
fine, the Feudal regimen generally. To the suppression of t3rthes,
the Abbe Sieyes was vehemently opposed ; but his learned and
logical arguments were unheeded, and his estimation lessened by
a contrast of his egoism, (for he was beneficed on them) \^th the
generous abandonment of rights by the other members of the As-
sembly. Many days were employed in putting into the form of
laws, the numerous demolitions of antient abuses ; which done,
they proceeded to the preliminary work of a Declaration of rights.
There being much concord of sentiment on the elements of this
instrument, it was liberally framed, and passed with a very gene-
ral approbation. They then appointed a Committee for the * re-
duction of a projet' of a constitution, at the head of which was the

64

Archbishop of Bordeaux. I received from him^ as chairman of die
Gominittse, a letter of July the 20th, requesting me to attend and
assist at their deliberations ; but I excused myself, on the obvious
considerations, that my mission was to the King as Chief Magis-
trate of the nation, that my duties were limited to the concerns of
my own country, and forbade me to intenneddle witli the internal
transactions of that, in which I had been received under a specific
character only. Then* plan of a constitution was discussed in
sections, and so reported from time to time, as agreed to by the
Committee. The first respected the general frame of the govern-
ment; and that this should be formed into three departments.
Executive, Legislative and Judiciary, was generally agreed. But
when they proceeded to subordinate developements, many and
various shades of opinion came into conflict, and schism, strongly
marked, broke the Patriots into fragments of very discordant
principles. The first question. Whether there should be a King?
met with no open opposition ; and it was readily agreed, that the
government of France should be monarchical and hereditary.
Shall the King have a negative on the laws ? shall that negative
be absolute, or suspensive only ? Shall there be two Chambers of
Legislation ? or one only ? If two, shall one of ihem be hereditary ?
or for life ? or for a fixed term ? and named by the King ? or
elected by the people ? These questions found strong differences
of opinion, and produced repulsive combinations among the Patriots.
The Aristocracy was cemented by a common principle, of pre-
serving the antient regime, or whatever should be nearest to it.
Making this their polar star, they moved in phalanx, gave prepon-
derance on every question to the minorities of the Patriots, and
always to those who advocated the least change. The features of
the new constitution were thus assuming a fearful aspect, and great
alarm was produced among the honest Patriots by these dissen-
tions m then ranks. In this uneasy state of things, I received one
day a note from the Marquis de la Fayette, informing me, that
he should bring a party of six or eight friends, to ask a dinner of
me the next day. I assured him of their welcome. When they
arrived, they were La Fayette himself, Duport, Barnave, Alex-
ander la Meth, Blacon, Mounier, Maubourg, and Dagout. These
were leading Patriots, of honest but differing opinions, sensible of
the necessity of effecting a coalition by mutual sacrifices, knowing
each other, and not afraid, therefore, to unbosom themselves mu-
tually. This last was a material principle in the selection. With
this view, the Marquis had invited the conference, and had fixed
the time and place inadvertendy, as to the embarrassment under
which it might place me. The cloth being removed, and wine

85

set on the table, after tlie American manner, the Marquis intro-^
duced the objects of the conference, by summarily reminding
them of the state of tilings in the Assembly, the course which the
principles of the Constitution were taking, and the inevitable re-
sult, unless checked by more concord among the Patriots tlifnn-
selves. He observed, that although he also had his opinion, he
was ready to sacrifice it to that of his brethren of the same cause ;
but that a common opinion must now be formed, or the Aristocra-
cy would carry every thing, and that, whatever they should now
agree on, he, at the head of the National force, would maintain.
The discussions, began at the hour of four, and were continued
till ten o'clock in the evening ; during which time, I was a silent
witness to a coolness and candor of argument, unusual in the con-
flicts of political opinion ; to a logical reasoning, and chaste elo-
quence, disfigured by no gaudy tinsel of rhetoric or declamation,
and truly worthy of being placed in parallel with the finest dia-
logues of antiquity, as handed to us by Xenophon, by Plato and
Cicero. The result was, that the King should have a suspensive
veto on the laws, that tlie legislature should be composed of a
si»igle body only, and that to be chosen by the people. This
Concordate decided the fate of the constitution. The Patriots all
rallied to the principles thus settled, carried eveiy question agree-
ably to them, and reduced the Aristocracy to insignificance and
impotence. But duties of exculpation were now incumbent on
me. I waited on Count Montmorin the next morning, and ex-
plained to him, with truth and candor, how it had happened that
my house had been made the scene of conferences of such a
character. He told me, he already knew every thing which had
passed, that so far from taking umbrage at tlie use made of my
house on that occasion, he earnestly wished I would habitually
assist at such co iferences, being sure I should be useful in mode-
rating the warmer sp'rits, and promoting a wholesome and practi-
cable reformation only. I told him, I knew too well the duties I
owed to the King, to the nation, and to my own countiy, to take
any part in councils concerning their internal government, and that
I should persevere, vnth care, in the character of a neutral and
passive spectator, with wishes only, and very sincere ones, that those
measures might prevail which would be for the greatest good of
tlie nation. I have no doubt, indeed, that this conference was
previously known and approved by this honest minister, who was
in confidence and communication vntli the Patriots, and wished
for a reasonable reform of the Constitution.

Here I discontinue my relation of the French Revolution. The
minuteness with which I have so far given its details, is dispropor-

86

tioned to the general scale of my narrative. But I have thought
it justified by tHe interest which the whole world must take in &is
Revolution. As yet, we are but in the first chapter of its history.
The appeal to the rights of man, which had been made in the
United States, was taken up by France, first of the European
nations. From her, the spirit has spread over those of the South.
The tyrants of the Nortli, have allied indeed against it ; but it is
irresistible. Their opposition will only multiply its millions of
human victims ; their own satellites will catch it, and the condi-
tion of man through the civilized world, will be finally and greatly
ameliorated. This is a wonderful instance of great events, from
small causes. So inscrutable is the arrangement of causes and
consequences in this world, that a two-penny duty on tea, unjustly
imposed in a sequestered part of it, changes the condition of all its
inhabitants. I have been more minute in relating tlie early trans-
actions of this regeneration, because I was in circumstances pecu-
liarly favorable for a knowledge of the trudi. Possessing the con-
fidence and intimacy of the leading Patriots, and more than all, of
the Marquis Fayette, their head and Atlas, who had no secrets from
me, I learned with correcmess, the views and proceedings of that
party ; while my intercourse with the diplomatic missionaries of
Europe at Paris, all of them with the court, and eager in prying
into its councils and proceedings, gave me a knowledge oi these
also. My information was always, and immediately committed to
writing, in letters to Mr. Jay, and often to my friends, and a recur-
rence to these letters, now ensures me against errors of memory.
These opportunities of information, ceased at this period, with
my retirement from this interesting scene of action. I had been
more than a year soliciting leave to go home, with a view to place
my daughters in the society and care of their friends, and to re-
turn for a short time, to my station at Paris. But the metamorpho-
sis through which our government was then passing from its Chry-
salid to its Organic form, suspended its action in a great degree ;
and it was not till the last of August, that I received the permis-
sion I had asked. And here, I cannot leave this great and good
country, without expressing my sense of its pre-eminence of cha-
racter, among the nations of the earth. A more benevolent peo-
ple I have never kno\vn) nor greater warmth and devotedness in their
select friendships. Their kindness and accommodation to stran-
gers, is unparaUeled, and the hospitality of Paris, is beyond any thing
I had conceived to be practicable in a large city. Their emi-
nence, too, in science, the communicative dispositions of their sci-
entific men, the politeness of the general manners, the ease and
vivacity of their conversation, give a charm to their society, to be

87

jtory.
the

found no where else. In a comparison of this, with otlier coun-
tries, we have the proof of primacy, which was given to Tliemis-
tocles, after the battle of Salamis. Every general voted to him-
self the first reward of valor, and the second to Themistocles.
So, ask the traveled inhabitant of any nation, in what country on
eartli would you rather live ? — Certainly, in my own, where are all
my friends, my relations, and the earliest and sweetest affections,
and recollections of my life. Which would be your second choice ?
France.

On the 26th of September, I left Paris for Havre, where I was
detained by contrary winds, until the 8th of October. On that
day, and the 9th, I crossed over to Cowes, where I had engaged
the Clermont, Capt. Colley, to touch for me. She did so ; but
here again we were detained by contrary winds, until the 32nd,
when we embarked, and landed at Norfolk on the 23rd of Novem-
ber. On my way home, I passed some days at Eppington, in
Chesterfield, the residence of my friend and connection, Mr.
Eppes ; and, while there, I received a letter from the President,
General Washington, by express, covering an appointment to be
Secretary of State.* I received it with real regret. My wish
had been to return to Paris, where I had left my household esta-
blishment, as if there myself, and to see the end of the Revolution,
which, I then thought, would be certainly and happily closed in less
than a year. I then meant to return home, to withdraw from po-
litical life, into which I had been impressed by the circumstances
of the times, to sink into the bosom of my family and friends, and
devote myself to studies, more congenial to my mind. In my
answer of December 15th, I expressed these dispositions candidly
to the President, and my preference of a return to Paris ; but as-
sured him, that if it was believed I could be more useful in the
administration of the government, I would sacrifice my own incli-
nations without hesitation, and repair to that destination : this I left
to his decision. 1 arrived at Monticello on the 23d of December,
where I received a second letter from the President, expressing
his continued wish, that I should take my station there, but leaving
me still at liberW^ to continue in my former office, if 1 could not
reconcile myself to that now proposed. This silenced my re-
luctance, and I accepted the new appointment.

In die interval ot my stay at home, my eldest daughter had
been happily married to the eldest son of the Tuckahoe branch of
Randolphs, a young gentleman of genius, science, and honorable
mind, who afterwards filled a dignified station in the General Go-

[* See Appendix, note H.]

88

vei'nmenl, and tho most dignified in his own State. I left Monti-
cello on the 1st of March, 1790, for New York. At Philadelphia
I called on the venerable and beloved Franklin. He was then on
the bed of sickness from which he never rose. My recent return
from a country in wliich he had left so many friends, and the peri-
lous convulsions to which they had been exposed, revived all his
anxieties to know what part they had taken, what had been their
course, and what their fate. He went over all in succession,
with a rapidity and animation, almost too much for his strength.
When all his enquiries were satisfied, and a pause tool: place, I
told him I had learned with much pleasure that, since his return to
America, he had been occupied in preparing for the world, the
history of his own life. I cannot say much of that, said he ; but
I will give you a sample of what I shall leave : and he directed
his little grandson (William Bache) who was standing by the bed-
side, to hand him a paper from the table, to which he pointed.
He did so ; and the Doctor putting it into my hands, desired me to
take it, and read it at my leisure. It was about a quire of folio
paper, written in a large and running hand, very like his own. I
looked into it slightly, then shut it, and said I would accept his per-
mission to read it, and would carefully return it. He said, ' no,
keep it.' Not certain of his meaning, I again looked into it,
folded it for my pocket, and said again, I would certainly return
it. * No,' said he, ' keep it.' I put it into my pocket, and shortly
after, took leave of him. He died on the 1 7th of the ensiyng
month of April ; and as I understood that he had bequeathed all
his papers to his grandson, William Temple Franklin, I immedi-
ately wrote to Mr. Franklin, to inform him I possessed this paper,
which I should consider as his property, and would deliver to his
order. He came on immediately to New York, called on me for
it, and I delivered it to him. As he put it into his pocket, he said
carelessly, he had either the original, or another copy of it, I do
not recollect which. This last expression struck my attention
forcibly, and for the first time suggested to me the thought,
that Dr. Franklin had meant it as a confidential deposite in my
hands, and that I had done wrong in parting from it. I have not
yet seen the coUecticMi he published of Dr. Franklin's works, and
therefore, know not if this is among them. I have been told it is
not. It contained a narrative of the negotiations between Dr.
Franklin and the British Ministry, when he was endeavoring to
prevent tlie contest of arms which foUowed. The negotiation
was brought about by the intervention of Lord Howe and his sis-
ter, who, I believe, was called Lady Howe, but I may misremera-
ber her title. Lord Howe seems to have been friendly to Ame^

89

rica, and exceedingly anxious to prevent a rupture. His intimacy
with Dr. Franklin, and his position with the Ministry, bduced him
to undertake a mediation between them ; in which his sister seemed
to have been associated. They carried from one to the other, back-
wards and forwards, the several propositions and answers which
passed, and seconded with their own intercessions, the importance of
mutual sacrifices, to preserve the peace and connection of the
two countries. I remember that Lord North's answers were dry,
unyielding, in the spirit of unconditional submission, and betrayed
an absolute indifference to die occurrence of a rupture ; and he
said to the mediators distinctly, at last, that ' a rebellion was not to
be deprecated on the part of Great Britain ; that the confiscations
it would produce, would provide for many of their friends.' This
expression was reported by tlie mediators to Dr. Franklin, and
indicated so cod and calculated a purpose in the Ministry, as to
render compromise hopeless, and the negotiation was discontinued.
If this is not among the papers published, we ask, what has be-
come" of it ? I delivered it with my own hands, into those of Tem-
ple Franklin. It certainly established views so atrocious in the
British government, that its suppression would, to th«?m, be worth
a great price. But could the grandson of Dr. Franklin, be in
such degree, an accomplice in the parricide of the memory of
his immortal grandfather ? The suspension for more than twenty
years, of the general publication, bequeathed and confided to him,
produced for a while, hard suspicions against him : and if, at las;,
all are not published, a part of these suspicions may remain with
some.

I arrived at New York on the 21st of March, where Congress
was in session.

VOL. I.

12

APPENDIX.

[Note A.]
Letter to John Saundertonf E»q.

Sir,

Montioello, Auguat 31, 1890.

Your letter of the 19th was received in due time, and I wish it
were in my power to furnish you more fully, than in the encbsed
paper, with mateiials for the biography of George Wythe ;
but I possess none in writing, am very distant from the place of
his birth and early life, and know not a single person in that quar-
ter from whom enquiry could be made, with the expectation of
collecting any thing material. Add to this, that feeble health dis-
ables me, almost, from writing ; and, entirely, from the labor of going
into difficult research. I became acquainted with Mr. Wythe
when he was about thirty-five years of age. He directed my
studies in the law, led me into business, and continued, until death,
my most affectionate friend. A close intimacy with him, during
that period of forty odd years, the most important of his life, ena-
bles me to state its leading facts, which, being of my own know-
ledge, I vouch theu' truth. Of what precedes that period, I speak
from hearsay only, in which there may be error, but of litde ac-
count, as the character of the facts will themselves manifest. In
the epoch of his birth I may err a little, stating that from the re-
collection of a particular incident, the date of which, within a year
or two, I do not distinctly remember. These scanty outlines, you
will be able, I hope, to fill up from other information, and they
may serve you, sometimes, as landmarks to distinguish truth from
error, in what you hear from others. The exalted virtue of the
man, will also be a polar star to guide you in all matters which
may touch that element of his character. But on that you will
receive imputation from no man ; for, as far as I know, he never
hhJ an enemy. Little as I am able to contribute to the just repu-
tation of this exceUent man, it is the act of my life most gratifying
to my heart : and leaves me only to regret that a wanm^ memory
can do no more.

Of Mr. Hancock I can say nothing, having known him only
in the chair of Congress. Having myself been the youngest man,
but one, in that body, the disparity of age prevented any particular
intimacy. But of him there can be no difKculty in obtaining full
information in the North.

1 salute you, Sir, with sentiments of great respect.

Th: JErrERsoN.

^oteSffor the Biography of George Wythe.

George Wythe was born about the year 1727, or 1728, of a re-

rctable family in the county of Elizabeth City, on the shores of
Chesapeake. He inherited, from his fatlier, a fortune suffi-
cient for independence and ease. He had not tlie benefit of a
regular education in the schools, but acquired a good one of him-
self, and without assistance ; insomuch, as to become die best Latin
and Greek scholar in die state. It is said, that wliile reading the
Greek Testament, his mother held an English one, to aid him in
rendering the Greek text conformably with that. He also acquir-
ed, by lus own reading, a good knowledge of Mathematics, and of
Natural and Moral Philosophy. He engaged in the stud^ of the
law under the direction of a Mr. Lewis, of that profession, and
went early to the bar of the General Court, then occupied by men
of great ability, learning and dignity in their profession. He soon
became eminent among them, and, in process of time, the first at
the bar, taking into consideration his superior learning, correct
ek)cutk)n, and logical style of reasoning ; for in pleading he never
indulged himself with an useless or declamatory thought or word ;
and became as distinguished by correcmess and purity of conduct
in his profession, as he was by his industry and fidelity to those
who employed him. He was early elected to the House of Re-
presentatives, then called the House of Burgesses, and continued in
It until the Revolution. On the first dawn of Uiat, instead of hig-
gling on half-way principles, as others did who feared to follow
their reason, he took his stand on the solid ground, that the only
link of political union between us and Great Britain, was the iden-
tity of our Executive ; diat that nation and its Parliament had no
more authority over us, than we had over them, and that we were
co-ordinate nations with Great Britain and Hanover.

In 1774, he was a member of a Committee of the House of
Burgesses, appointed to prepare a Petition to the King, a Memorial
to the House of Lords, and a Remonstrance to the House of Com-
mons, on the subject of the proposed Stamp Act. He was made
draughtsman of the last, and, following his own principles, he so

99

far overwent the timid hcsitattons of his colleagues, that his dranght
was subjected by them to material modifications ; and, when the
famous liesolutians of Mr. Henry, in 1776, were proposed, it was
not on any difference of principle that they were opposed by
Wythe, Randolph, Pendleton, Nicholas, Bland and other worthies,
who had long been the habitual leaders of the House ; but because
those papers of the preceding session, had already expressed the
same sentiments and assertions of right, and that an answer to them
was yet to be expected.

In August, 1775, he was appointed a member of Congress, and
in 1776, signed the Declaration of Independence, of which he
had, in debate, been an eminent supporter. And subsequently, in
the same year, he was appointed, by the Legislature of Virginia,
one of a Committee to revise tlie laws of the state, as well of Bri-
tish, as of Colonial enactment, and to prepare bills for re-enacting
them, with such alterations as the change in the form and princi-
ples of the government, and other circumstances, required : and
of this work, he executed the period commencing with the revolu-
tion in England, and ending witli the establishment of the new
government here ; excepting the Acts for regulating descents, for
religious freedom, and for proportioning crimes and punishments.
In 1777, he was chosen speaker of the House of Delegates, be-
ing of distinguished learning in Parliamentary law and proceedings ;
and towards the end of the same year, he was appomted one of
the three Chancellors, to whom that department of the Judiciary
was confided, on the first organization of the new government.
On a subsequent change of the form of that court, he was appoint-
ed sole Chancellor, in which office he continued to act until his
death, which happened in June, 1806, about the seventy-eighth or
seventy-ninth year of his age.

Mr. Wythe had been twice married ; first, I believe, to a daugh-
ter of Mr. Lewis, with whom he had studied law, and afterwards,
to a Miss Taliaferro, of a wealthy and respectable family, in the
neighborhood of Williamsburg ; by neither of whom did he leave
issue.

No man ever left behind him a character more venerated than
George Wythe. His virtue was of the purest tint ; his integrity
inflexible, and his justice exact ; of warm patriotism, and, devoted
as he was to liberty, and the natural and equal rights of man, he
might truly be called the Cato of his country, without the avarice
of the Roman ; for a more disinterested person never lived. Tem-
perance and regularity in all his habits, gave him general good
health, and his unaffected modesty and suavity of manners, endear-
ed ^ to every one. He was of easy elocution, his language

chaste, methodical in the arnmgement of his matter, learned and
logical in the use of it, and of great urbanity in debate ; not quick
of apprehension, but, with a little time, profound in penetration,
and sound in conclusion. In his philosophy he was firm, and
neither troubling, nor perhaps trusting, any one with his religious
creed, he left the world to the conclusion, that that religion must
be good which could produce a life of such exemplary virtue

His stature was of the middle size, well formed and proportion-
ed, and the features of his face were manly, comely and engaging.
Such was George Wythe, the honor of his own, and the model of
future times.

[Note B.]
Letter to Samuel A, WeUs, Esq,

Sir,

Monticello, May 12, 1819.

An absence, of some time, at an occasional and distant residence,
must apologise for the delay in acknowledging the receipt of your
favor of April 12 ; and, candor obliges me to add, that it has been
somewhet extended by an aversion to writing, as well as to calls on
my memory, for facts so much obliterated from it by time, as to les-
sen my own confidence in the traces which seem to remain. One
of the enquiries in your letter, however, may be answered without
an appeal to the memory. It is that respecting the question,
whether committees of correspondence originated in Virginia, or
Massachusetts ? on which you suppose me to have claimed it for
Virginia ; but certainly I have never made such a claim. The
idea, I suppose, has been taken up from what is said in Wirt's
history of Mr. Henry, page 87, and from an inexacw attention
to its precise terms. It is there said, ' this House (of Burgesses,
of Virginia) had the merit of originating that powerful engine of
resistance, corresponding committees between the legislatures of
the different colonies.^ That the fact, as here expressed, is true,
your letter bears witness, when it says, that the resolutions of Vir-
ginia, for this purpose, were transmitted to the speakers of the
different assemblies, and by that of Massachusetts, was laid, at the
next session, before that body, who appointed a commidiee for the
specified object : adding, * thuii, in Ma'^ jachubatts, there were two
committees of correspondence, on3 chosen by the people, the
other appointed by the House of Assembly ; in the former, Mas-

96

sachusMts preceded Virginia; in the latter, Virginia preceded
Massachusetts.' To the origination of committees for the iilferkn'
corresp<Hidence between the counties and towns of a state, I know
of no claim on the part of Virginia ; and certainly none v/as ever
made by myself. I perceive, however, one error, into which
memory had led me. Our committee for national correspondence,
was appointed in March, '73, and I well remember, that going to
Williamsburg, in the month of June follow ig, Peyton Randolph,
our chairman, told me that messengers bearing despatches between
the two states, had crossed each other by the way, that of Virginia
carrying our propositions for a committee of national correspond-
ence, and that of Massachusetts, bringing, as my memory sug-
gested, a similar proposition. But here 1 must have misremem-
bered ; and the resolutions brought us from Massachusetts, were
probably those you mention of the town meeting of Boston, on
the motion of Mr. Samuel Adams, appointing a committee * to
state the rights of the colonists, and of that province in particular,
and the infringements of them ; to communicate them to the seve-
ral towns, as the sense of the town of Boston, and to request, of
each town', a free communication of its sentiments on this subject.'
I suppose, therefore, that these resolutions were not received,
as you tlunk, while the House of Burgesses was in session in
March, 1773, but a few days after we rose, and were probably
what was sent by the messenger, who crossed ours by the way.
They may however, have been still difierent. I must, therefore,
have been mistaken in supposing, and stating to Mr. Wirt, that the
proposition of a committee for national correspondence, was nearly
simultaneous in Virginia and Massachusetts.

A amilar misapprehension of another passage in Mr. Wirt's
book, for which I am also quoted, has produced a similar recla-
mation on the part of Massachusetts, by some of her most distin-
guishe'd and estimable citizens. I had been applied to by Mr.
Wirt, for such facts respecting Mr. Henry, as my intimacy with
him, and participation in the transactions of the day, might have
placed within my knowledge. I accordingly committed them to
paper ; and Virginia being the theatre of his action, was the only
subject within my contemplation. While speaking of him, of the
resolutions and measures here, in which he had the acknowledged
lead, I used the expression that ' Mr. Henry certainly gave the first
impulse to the ball of revolution.' [Wirt, page 41.] The ex-
pression is indeed general, and in all its extension, would compre-
hend all the sister states ; but indulgent construction would restrain
it, as was really meant, to the subject matter under contemplation,
which was Virginia alone ; according to the rule of the lawyers,

mai m har cmanot gmeral criticism, dart every ei^jiressiaii ^uld
bt ^iHndroed jsecundum subjectam nmteriam. Where the first at-
tack was made, there must have been of course, ^e first act of
resistance, and that was in Massachusetts. Our first overt act of
war, was Mr. Henry's embodying a force of mUida from several
counties, regularly armed and <»-ganised, marching them in military
array, and making reprisal on die King's treasury at the seat of
government, for the public powder taken away by his GroveiBor.
This was mi the last days of April, 1775. Your formal battle of
Lexingt(xi, was ten or twelve days before that, and greatiy over-
shadowed in importance, as it preceded in time, our little affray,
which merely amounted to a levying of arms against the King ;
and very possibly, you had had military affi'ays before the regular
batde oC Lexington.

These explanations wiU, I hope, assure you, Sir, that so far as
either facts or opinions have been truly quoted from me, they have
never been meant to intercept the just fame of Massachusetts, for
the promptitude and perseverance of her early resistance. We
will'iidy cede to her the laud of having been (although hot exclu-
sively) * the cradle of sound principles,' and, if some of r > believe
she has deflected from them in her course, we retain full confi-
dence in her ultimate return to them.

I will now proceed to your quotation from Mr. Galloway's state-
ment of what passed in Congress, on their Declaration of Inde-
pendence ; in which statement there is not one word of truth, and
where bearing some resemblance tc truth, it is an entire perversion
of it. I do not charge this on Mr. Galloway himself; his deser-
tion having taken place long before tliese measures, he doubtiess
received his information from some of the loyal friends whom he
lefl behind him. But as yourself, as well as others, appear em-
barrassed by inconsistent accounts of the proceedings on that me-
morable occasion, and as those who have endeavored to restore the
truth, have themselves committed some errors, I will give you some
extracts from a written document on that subject ; for the truth of
which, I pledge myself to heaven and earth ; having, while the
question of Independence was under consideration before Con-
gress, taken written notes, in my seat, of what was passing, and
reduced them to form on the final conclusion. I have now before
me that paper, from which the following are extracts. * Fri-
day, June 7th, 1776. The delegate^ fi:om Virginia moved, in
obedience to instructions from thei constituents, that the Con-
gress should declare that these United Colonies are, and of right
ought to be, free and independent states ; that they are absolved
firom all allegiance to the British crown, and that all political con-

97

nection between them and the state of Great Britain is, and ought
to be totally dissolved ; that measures should be immediately taken
for procuring the assistance of foreign powers, and a Ck)nfederation
be formed to bind the colonies more closely together. The House
being obliged to attend at that time to some other business, the
proposition was referred to the next day, when the members were
ordered to attend punctually at ten o'clock. Saturday, June 8th.
They proceeded to take it into consideration, and referred it to a
committee of the whole, into which they immediately resolved them-
selves, and passed that day and Monday, the 10th, in debating on
the subject.

It appearing, in the course of these debates, that the colonies
of New York, New Jersey, Pennsylvania, Delaware, Maryland
and South Carolina, were not yet matured for falling from the
parent stem, but that they were fast advancing to that state, it
was thought most prudent to wait a while for diem, and to post-
pone the final decision to July 1st. But, that this might occasion
as litde delay as possible, a Committee was appointed to prepare
a Declaration of Independence. The Committee were John
Adams, Dr. Franklin, Roger Sherman, Robert R. Livingston and
myself. This was reported to the House on Friday the 28th of
June, when it was read and ordered to lie on the table. On
Monday, the 1st of July, the House resolved itself into a Com-
mittee of the whole, and resumed the consideration of the original
motion made by the delegates of Virginia, which, being again de-
bated through the day, was carried in the affirmative by the votes
of New Hampshire, Connecticut, Massachusetts, Rhode Island,
New Jersey, Maryland, Virginia, North Carolina and Georgia.
South Carolina and Pennsylvania voted against it. Delaware
had but two members present, and they were divided. The dele-
gates fix)m New York declared they were for it themselves, and
were assured theur constituents were for it ; but that their instruc-
tions having been drawn near a twelvemonth before, when recon-
ciliation was still the general object, they were emoined by them,
to do nothing which ^ould impede that object. They, therefore,
thought themselves not justifiable in voting on either side, and asked
leave to withdraw fi-om the question, which was given them. The
Committee rose, and reported then* resolution to the House. Mr.
Rutledge, of South Carolina, then requested the determination
might be put oflf to the next day, as he believed his colleagues,
though they disapproved of the resolution, would then join in it
for the sake of unanimity. The ultimate question, whether the
House would agree to the resolution of the Committee, was ac^
cordingly postponed to the next day, when it was again moved, and

VOL. I.

13

98

South CaroKna concurred in voting for it. In the mean time, a
third member had come post from the Delaware counties, and
turned the vote of that colony in favor of the resolution. Members
of a different sentiment attending that morning from Pennsylvania
also, her vote was changed; so that the whole twelve colonies,
who were authorised to vote at all, gave their votes for it ; and
within a few days [July 9th] the convention of New York ap-
proved of it, and thus supplied the void occasioned by the with-
drawing of their delegates from the vote.' [Be careful to observe,
that this vacillation and vote were on the original motion of the 7th
of June, by the Virginia delegates, that Congress should declare
the colonies independent.] ' Congress proceeded, the same day,
to consider the Declaration of Independence, which had been re-
ported and laid on the table the Friday preceding, and on Monday,
referred to a Committee of the whole. The pusillanimous idea,
that we had friends in England worth keeping terms with, still
haunted the minds of many. For this reason, those passages
which conveyed censures on the people of England were struck
out, lest they should give them offence. The debates having ta-
ken up the greater parts of the second, third and fourth days of
July, were, in the evening of the last, closed : the Declaration was
reported by the Committee, agreed to by the House, and signed
by every member present except Mr. Dickinson.' So far my notes.
Governor M'Kean, in his letter to McCorkle of July 16th,
1817, has thrown some lights on the transactions of that day : but,
trusting to his memory chiefly, at an age when our memories are
not to be trusted, he has confounded two questions, and ascribed
proceedings to one which belonged to the otlier. These two
questions were, 1st, the Virginia motion of June the 7th, to declare
Independence ; and 2nd, the actual Declaration, its matter and form.
Thus he states the question on the Declaration itself, as decided
on the 1st of July ; but it was the Virginia motion which was voted
on that day in committee of the whole ; South Carolina, as well as
Penni^lvania then vodng against it. But the ultimate decision in
the Home, on the report of the Committee, being, by request,
postponed to the next morning, all the states voted for it, except
New York, whose vote was delayed for the reason before stated.
It was not till the 2nd of July, that the Declaration itself was taken
up ; nor till the 4th, that it was decided, and it was signed by
every member present, except Mr. Dickinson.

The subsequent signatures of members who were not then pre-
sent, and some of them not yet in office, is easily explained, if we
observe who they were ; to wit, that they were of New York and
Pennsylvania. New York did not sign till the 15th, because it

99

was not till the 9th, (five days after the general signature^ that
their Convention authorised them to do so. The Convention of
Pennsylvania, learning that it had been signed by a minority only
of their delegates, named a new delegation cm the 30th, leaving
out Mr. Dickinson, who had refused to sign. Willing and Hum-
phreys who had withdrawn, re-appointmg the three members who
had signed, Morris, who had not been present, and five new ones,
to wit, Ru^, Clymer, Smith, Taylor and Ross : and Morris, and
the five new members were permitted to sign, because it mani-
fested the assent of their full delegation, and the express will of
their Convention, which might have been doubted on the former
signature of a minority only. Why the signature of Thornton, of
New Hampshire, was permitted so late as the 4th of November, I
cannot now say; but undoubtedly for some particular reason,
which we should find to have been good, had it been expressed.
These were the only post-signers, and you see. Sir, that there
were solid reasons for receiving those of New York and Pennsyl-
vania, and that this circumstance in no wise affects the faith of
this Declaratory Charter of our rights, and of the rights of man.

With a view to correct errors of fact before they become inve-
terate by repetition, I have stated what I find essentially material
in my papers, but with that brevity/, which the labour of writing
constrains me to use.

On the four particular articles of enquiry in your letter, respect-
ing your grandfather, the venerable Samuel Adams, neither me-
mory nor memorandums enable me to give any information. 1
can say that he was truly a great man, wise in council, fertile in
resources, immoveable in his purposes, and had, I think, a greater
share than any other member, in advising and directing our mea-
sures, in the Northern war. As a speaker, he could not be com-
pared with his living colleague and namesake, whose deep concep-
tions, nervous style, and undaunted firmness, made him truly our
bulwark in debate. But Mr. Samuel Adams, although not of
fluent elocution, was so rigorously logical, so clear in his views,
abundant in good sense, and master always of his subject, that he
commanded the most profound attention whenever he rose in an
assembly, by which the froth of declamation was heard with the
most sovereign contempt. I sincerely rejoice, that the record of
his worth is to be undertaken by one so much disposed as you will
be, to hand him down fairly to that posterity for whose liberty and
happiness he was so zealous a laborer.

With sentiments of sincere veneration for his memory, accept
yourself this tribute to it, with the assurances of my great respect.

Th: Jefferson.

100

p. S. August 6th, 1633. Since the date of this letter, to wit,
this day, August 6, '22, 1 have received the now publication of the
Secret Journals of Congress, wherein is stated a resolution of July
19th, 1776, that the Declaration passed on the 4th, be fairly en-
grossed on parchment, and when engrossed, be signed by every
member ; and another of August 2nd, that being engrossed and
compared at the table, it was signed by the members ; that is to
say, the copy engrossed on parchment (for durability) was signed
by the members, after bemg compared at the table, with the ori-
ginal one signed on paper as before stated. I add this P. S. to the
copy of my letter to Mr. Wells, to prevent confounding the signa-
ture of the original with that of the copy engrossed on parchment.

[Note C]

On the instructions given to the first delegation of J^irginia to
Congress, in August, 1774.

The Legislature of Virginia happened to be in session, in Wil-
liamsburg, when news was received of the passage, by the British
Parliament, of the Boston Port Bill, which was to take effect on
the first day of June then ensuing. The House of Burgesses,
thereupon, passed a resolution, recommending to their fellow citi-
zens, that that day should be set apart for fasting and prayer to
the Supreme Being, imploring him to avert the calamities then
threatening us, and to give us one heart and one mind to oppose
every invasion of our liberties. The next day, May the 20th, 1 774,
the Governor dissolved us. We immediately repaired to l room
in the Raleigh tavern, about one hundred paces distant from the
Capitol, formed ourselves into a meeting, Peyton Randolph in the
chair, and came to resolutions, declaring, that an attack on one
col(my, to enforce arbitrary acts, ought to be considered as an at-
tack on all, and to be opposed by the united wisdom of all. We,
therefore, appointed a Committee of correspondence, to address
letters to the Speakers of the several Houses of Representatives
o£ the colonies, proposing the appointment of deputies from each,
to meet annuidly in a General Congress, to deliberate on their
common interests, and on tb*? measures to be pursued in common.
The members then separated to their several homes, except those
of the Committee, who met the next day, prepared letters ac-
c jrding to instructions, and despatched them by messengers ex-

♦ I

101

press, to their ieveral destinations. It had been agreed, also, by
the meeting, that the Burgesses, who should be elected under the
writs then issuing, should be requested to meet in Conventicm, (m
a certain day in August, to learn the resuk of these letters, and to
appoint delegates to a Cimgress, should that measure be approved
by the other colonies. At ^e election, the people re-elected every
man of the former Assembly, as a proof of their approbation of
what they had done. Before I left home, to attend the Conven-
tion, I prepared what I thought might be given, in instruction, to
the Delegates who should be appointed to attend the General
Congress proposed. They were drawn in haste, with a number
of blanks, widi some uncertainties and inaccuracies of historical
facts, which I neglected at the moment, knowing they could be
readily corrected at the meeting. I set out on my journey, but
was taken sick on the road, and was unable to proceed. I therefore
sent on, by express, two copies, one under cover to Patrick Henry,
the other to Peyton Randolph, who I knew would be in the chair
of the Convention. Of the former, no more was ever heard or
known. Mr. Henry probably thought it too bold, as a first mea-
sure, as the majority of the members did. On the other copy be-
ing laid on the table of the Convention, by Peyton Randolph, as
the proposition of a member, who was prevented from attendance
by sickness on the road, tamer sentiments were preferred, and,
I believe, wisely prefired ; the leap I proposed being too long, as
yet, for the mass of our citizens. The distance between these,
and the instructions actually adopted, is of some curiosi^, however,
as it shews the inequality of pace with which we moved, and the
prudence required to keep front and rear together. My creed had
been formed on unsheathing the sword at Lexington. They
printed the paper, however, and gave it the title of ' A summary
view of the rights of British America.' In this form it got to Lon-
don, where the opposition took it up, shaped it to oppositbn views,
and, in that form, it ran rapidly through several editions.

Mr. Marshall, in his history of General Washington, chapter 3,
speaking of this proposition for Committees of correspondence
and for a General Congress, says, * this measure had abeady been
proposed in town meeting, in Boston,' and some pages before he
had said, that ' at a session of the General Court of Massachusetts,
in September, 1770, that Court, in pursuance of a favorite idea of
uniting all the colonies in one system of measures, elected a Com-
mittee of correspondence, to communicate with such Committees
as might be appointed by the other colonies.' This h an error.
The Committees of correspondence, elected by Massachusetts,
were expressly for a correspondence among the several tovms of

m

102

that province only. Besides the text of their proceedings^ his
own note X, proves this. The first proposition for a general cor-
respondence between the several states, and for a General Con-
fess, wa3 made by our meeting of May, 1774. Botta, copy-
ing MarshaU, has repeated his error, and so it wiU be handed on
from copyist to copyist, ad infinUnm. Here follow my prc^sition,
and the more prudent one which (vas adopted.

Resolved, That it be an instruction to the said deputies, when
assembled in General Congress, with the depudes from the other
states of British America, to propose to the said Congress, that an
humble and dutiful address be presented to his Majesty, begging
leave to lay before him, as Chief Magistrate of the British empire,
the united complaints of his Majesty's subjects in America ; com-
plaints which are excited by many unwarrantable encroachments
and usurpations, attempted to be made by the legislature of one
part of the empire, upon the rights which God, and the laws, have
given equally and independently to all. To represent to his Ma-
jesty that these, his States, have often individually made humble
application to his imperial Throne, to obtain, through its interven-
tion, some redress of their injured rights ; to none of which, was
ever even an answer condescended. Humbly to hope that this,
their joint address, penned in the language of truth, and divested
of those expressions of servility, which would persuade his Majesty
that we are asking favors, and not rights, shall obtain from his Ma-
jesty a more respectful acceptance ; and this his Majesty will think
we have reason to expect, when he reflects that he is no more
than the chief officer of the people, appointed by the laws, and
circumscribed with definite powers, to assist in working the great
machme of government, erected for their use, and, consequently,
subject to their superintendence ; and, in order that these, our
rights, as well as the invasions of them, may be laid more fully be-
fore his Majesty, to take a view of them, from the origin and first
settlement of these countries.

To remind him that our ancestors, before their emigration to
America, were the free inhabitants of the British dominions in Eu-
rope, and possessed a right, which nature has given to all men, of
departing from the country in which chance, not choice, has placed
them, of g(ung in quest of new habitations, and of there establish-
ing new societies, under such laws and regulations as, to them,
shall seem most likely to promote public happiness. That their
Saxon ancestors had, under this universal law, in like manner, left
their native wilds and woods in the North of Europe, had possess-
ed themselves of the Island of Britain, then less charged with in-
habitants, and had established there that system of laws which has

or to

mean

able,

cannot

would

103

90 kxig been the glory and protection of that country. Nor was
ever any claim of superionty or dependence asserted over them,
by that mother countiy from which they had migrated : and were
such a claim made, it is believed his Majesty's subjects in Great
Britain, have too firm a feeling of the ri^ts derived to them from
their ancestors, to bow down the sovereignty of their state before
such visionary pretensions. And it is thought that no circumstance
has occurred to distinguish, materially, the British from the Saxon
emigration. America was conquered, and her settlements made
and firmly established, at the expense of mdividuals, and not of
the British public. Their own blood was spih in acquiring lands
for their settlement, their own fortunes expended in mcking that
setdement effectual. For themselves they fought, for themselves
they conquered, and for themselves alone they have right to hold.
No shilling was ever issued from the public treasures of his Ma>
jesty, or his ancestors, for their a vistance, till of very late times^
after the colonies had become established on a firm and permanent
footing. That then, indeed, having become valuable to Great
Britain for her commercial purposes, his Parliament was pleased
to lend them assistance, agamst an enemy who would fain have
drawn to herself the benefits of their commerce, to the great ag-
grandisement of herself, and danger of Great Britain. Such as-
sistance, and in such circumstances, they had often before given to
Portugal and other allied states, with whom they carry on a com-
mercial intercourse. Yet these states never supposed, that by calling
in her aid, they thereby submitted themselves to her sovereignty.
Had such terms been proposed, they would have rejected them whh
disdain, and trusted for better, to the moderation of their enemies,
or to a vigorous exertion of their own force. We do not, however,
mean to underrate those aids, which, to us, were doubtless valu-
able, on whatever principles granted : but we would shew that they
cannot give a title to that authority which the British Parliament
would arrogate over us ; and that they may amply be repaid, by
our giving to the inhabitants of Great Britain, such exclusive privi-
leges in trade as may be advantageous to them, and, at the same
time, not too restrictive to ourselves. That settlement having been
thus effected m the wilds of America, the emigrants thought pro-

Eer to adopt that system of laws, under which they had hitheito
ved in the mother country, and to continue their union with her,
by submitting themselves to the same common sovereign, who was
thereby made the central link, connecting the several parts of the
empire thus newly multiplied.
But that not Icmg were they permitted, however far they thought

104

■■^.

themselves removed from the hand of oppression, to hold imdis-
turbed, the rirhts thus acquired at the hazard of their lives and
loss of their fortunes. A family of Princes was then on the Bri-
tish throne, whose treasonable crimes against their people, brought
on them, afterwards, the exertion of those sacred and sovereign
rights of punishment, reserved in tl %nds of the people for cases
of extreme necessitv, and judged b; constitution unsafe to be
delegated to any other judicature. >* uie every day brought forth
some new and unjustifiable exertion of power, over their subjects
on that side the water, it was not to be expected that those here,
much less able at that time to oppose the designs of despotism,
should be exempted from injury. Accordingly, Uiis country which
had been acquired by the lives, the labors and fortunes of indivi-
dual adventurers, was by these Princes, at several times, parted out
and distributed among the favorites and followers of their for-
tunes ; and, by an assumed right of the Crown alone, were erected
into distinct and independent governments ; a measure, which it is
believed, his Majesty s prudence and understanding would prevent
him from imitating at this day ; as no exercise of such power, of di-
viding and dismembering a country, has ever occurred in his Ma-
jes^'s reabn of England, though, now of very antient standing ;
nor could it be justined or acquiesced under there, or in any other
part of his Majesty's empire.

That the exercise of a free trade with all parts of the world,
possessed by the American colonists, as of natural right, and which
no law of their own had taken away or abridged, was next the ob-
ject of unjust encroachment. Some of the colonies having thought
proper to continue the administration of their government in die
name and under the authority of his Majesty, King Charles the
first, whom, notwithstanding his late deposition by the Common-
wealth of England, they continued in the sovereignty of their State,
the Parliament, for the 'Commonwealth, took the same in high of-
fence, and assumed upon tliemselves the power of prohibiting
their trade with all other parts of the world, except the Island of
Great Britain. This arbitrary act, however, they soon recalled,
and by solemn treaty entered into on the 12th day of March, 1651,
between the said Commonwealth by their Commissioners, and the
colony of Virginia by their House of Burgesses, it was expressly
stipulated by the eighth article of the said treaty, that they should
have ' free trade as the people of England do enjoy to all places
and with all nations, according to the laws of that Commonwealth.'
But that, upon the restoration of his Majesty, King Charles the se-
cond, their rights of free commerce fell once more a victim to

105

trbitrary power : and by several acts of his reign, ag well M of
some of his successors, the trade of the colonies was laid under
such regtrictions, as shew what hopes they might form from ibe
justice of a British Parliament, were its uncontroled power ad-
mitted over these States.* History has informed us, tnat bodies
of men as well as individuals, are susceptible of the spirit of ty-
ranny. A view of these acts of Parliament for regulation, as it has
been affectedly called, of the American trade, if all other evidences
were removed out of the case, would undeniably evince the truth
of this observation. Besides the duties they impose on our arti-
cles of export and import, they prohibit our going to any markets
Northward of Cape Finisterra, in the kingdom of Spain, foi the
sale of commodities which Great Britain will not take from us, and
for the purchase of others, with which she cannot supply us ; and
that, for no other than the arbitrary purpose of purchasing for
themselves, by a sacrifice of our rights and interests, certain privi-
leges in their commerce with an allied state, who, in confidence
that their exclu^ve trade with America will be continued, while
the principles and power of the British Parliament be the same,
have indulged themselves in every exorbitance which their avaripe
could dictate, or our necessities extort : have raised their commo-
dities called for in America, to the double and treble of what they
sold for, before such exclusive privileges were given tliem, and of
what better commodities of the same kind would cost us else-
where ; and, at the same tune, give us much less for what we carry
thither, than might be had at more convenient ports. That these
acts prohibit us from carrying, in quest of other purchasers, the sur-
plus of our tobaccos, remaining after the c(»isumption of Great
Britain is supplied : so that we must leave them with the British
merchant, for whatever he will please to allow us, to be by him
re-shipped to foreign markets, where he will reap the beijiefits of
xnakin^ sale of them for full value. That, to heighten still the idea
of Parliamentary justice, and to shew with what moderation they
are like to exercise power, where themselves are to feel no part
of its weight, we take leave to mention to his Majes^, certain
other acts of the British Parliament, by which they would prohibit us
from manufacturing, for our own use, the articles we raise on our
own lands, with our own labor. By an act passed in the mUi
year^f the reign of his late Majesty, King George the secmid, an
A^;i]||can subject is forbidden to make a hat for himself, of the fi|r

* IS. c. 2. c. 18.
11. W. 34. Anne.

VOL. I.

15. C. 2 c. 11.
6. C. 2. c. 13.

14

25. C. a. c. 7. 7. 8. W. M. c. 22.

0

106

which he hu taken, perhaps, on hit own soil ; an instance of
despotism, to which no parallel can be produced in the most arbi-
trary ages of British history. By one other act, passed in the
twenty-third year of the same reign, the iron which we make, we
are forbidden to manufacture ; and, heavy as that artk;le is, and
necessary in every branch of husbandry, besides commission and
msurance, we are to pay freight Oar it to Great Britain, and freight
for it back agam, for the purpose of supporting, not men, but ma-
chines, in the island of Great Britain. In the same spirit of equal
and impartial legislation, is to be viewed tlie act ot Parliament,

()assed in the fifth year of the same reign, by which American
ands are made subject to the demands of British creditors, while
their own lands were still continued unanswerable for their debts ;
from which, one of these conclusions must necessarily follow,
either that justice is not the same thing in America as in Britain,
or else, that the British Parliament pay less regard to it here than
there. But, that we do not point out to his Majesty the injustice
of these acts, with intent to rest on that principle the cause of their
nullity ; but to shew that experience confirms the propriety of diose

g>litical principles, which exempt us from the jurisdiction of the
ritish Parliament. The true ground on which we declare these
acts void^ is, that the British Parliament has no right to exercise
authority over us.

That these exercises of usurped power have not been confined
.to instances aloiie, in which themselves were interested ; but they
have also intermeddled with the regulation of the internal affairs
of the colonies. The act of the 9th of Anne for establishing a

g>st office in America, seems to have had litde connection with
ritish convenience, except that of accommodating his Majesty's
ministers and favorites with the sale of a lucrative and easy office.
That thus have we hastened through the reigns which preceded
his Majesty's, during which the violations of our rights were less
alarming, because repeated at more distant intervals, than that ra-
pid and bold succession of injuries, which is likely to distinguish
the present from aU other periods of American story. Scarcely
have our minds been able to emerge from the astonishment, into
which one stroke of Parliamentary thunder has mvdlved us, before
another more heavy and more alarmin": is fallen on us. Single
acts of tyranny may be ascribed to u.^ accidental opiniGjig/Df a
day ; but a series of oppressions, begun at a distinguished period,
and pursued unalterably through every change of ministers, too
plainly prove a deliberate, systematical plan of reducing us to
slavery.

proper
at the
in whoJ
of ;junj
public i
hundrej
should
individi
inundej
instead [

^t

107

That the act passed in the fourth year of his Ma- am ro? gnnitnt
jestv's reicn, enuUed * an act "'*"■ ''*'"•

Om other act passed in the fifth year of his reign, sonpaet.
entitled * an act

One other act passed in the sixth year of liis reign, Act awurini um

entitled * an act ntrnt over Um

coloutM.

And one otlier act passed in tlie seventh year of ;f^*JJ'J{|"^*^^
his reign, entitled * an act «••• ♦«•

Form that connected chain of Parliamentary usur-
pation, which has already been the subject of fre-
quent applications to his Majesty, and the Houses of
Lords and Commons of Great Britain \ and, no an-
swers having yet been condescended to any of these,
we shall not trouble Iiis Majesty with a repetition of
the matters they contained.

But that one other act passed in the same seventh Ae« •uspcniiiin
year of bis reign, having been a peculiar attempt. New Vurk.
must ever require peculiar mention. It is entitled
*an act

One free and independent legislature, hereby takes upon itself,
to suspend the powers of another, free and independent as itself.
Thus exhibiting a phenomenon unknown in nature, the creator,
and creature of its own power. Not cwnly the principles of com-
mon sense, but the common feelings of human nature must be
surrendered up, before his Majesty's subjects here, can be persua-
ded to believe, that they hold their political existence at the will of
a British Parliament. Shall these governments be dissolved, their
property annihilated, and their people reduced to a state of nature,
at uie imperious breath of a body of men whom they never saw,
in whom they never confided, and over whom they have no powers
of punishment or removal, let their crimes against the American
public be ever so great ? Can any one reason be assigned, why one
hundred and sixty thousand electors in the island of Great Britain,
should give law to four millions in the States of America, every
individual of whom, is equal to every individual of them in virtue,
in understanding, and in bodily strength ? Were this to be admitted,
instead of being a free people, as we have hitherto supposed, and
mean to continue ourselves, we should suddenly be found the
slaves, not of one, but of one hundred and sixty thousand tyrants ;
distinguished too, from all others, by tliis singular circumstance,
that they are removed from the reach of fear, the only restraining
motive which may hold the hand of a tyrant.

That, by * an act to discontinue in such manner, and for such

' '^':

•^J

,♦

108

time as are therein meinicfned, the landing and discharging, bding
or shipping of goods, wares and merchandize, at the town and
within the harbor of Boston, in the province of Massachusetts bay, in
North America,'^ which was passed at the last session of the British
Parliament, a large and populous town, ^ose trade was their sole
subsbtence, was deprived of that trade, and involved in utter ruin.
Let us for a while, suppose the question of right suspended, in
order to examine this act on principles of justice. An act of
Parliament had been passed, imposing duties on teas, to be paid
in America, against which act the Ainericans had protested, as
inauthoritative. The East India Company, who tiU that time,
had never sent a pound of tea to America on tlieir own account,
step forth on that occasion, the asserters of Parliamentary right,
and send hither many ship loads of that obnoxious commodity.
The masters of their several vessels, however, on their arrival m
America, wisely attended to admonition, and returned with their
cargoes. In the province of New-England alone, the remon-
strances of the people were disregarded, and a compHance, after
being many daye waited for, was flatly refused. Whether m this,
the master of the vessel was governed by his obstinacy, or his in-
structions, let those who know, say. There are extraordinary
atuations which require extraordinaiy interposition. An exai^e-
rated people, who feel that they possess pow^, are not easily re-
strained within limits stricdy regidar. A number of them assem-
bled in the town of Boston, threw the tea into tiie ocean, and
dispersed without doing any other act of violence. If in tins diey
did wrong, they were known, and were amenable to the laws of
the land ; against which, it could not be objected, that they had
ever, in any instance, been obstructed or diverted (ram their regu-
lar course, in favor of popular offenders. They should, therefore,
not have been distrusted on this occasion. But that ill-fated colony
had formerly been bold in their enmities against the House of
Stuart, and were now devoted to ruin, by that unseen hand which
governs the momentous afiairs of tins great empire. On the par-
tial representations of a few worthless ministerial dependants, whose
constant c^ce it has been to keep that government embroiled, and
and who, by their treacheries, ho^ to obtain the dignity of British
knightiiood, without calling for a party accused, mdiout asking a
proof, without attempting a distinction between the guilty and the
innocent, the whole of that antient and wealthy town, is in a mo-
ment reduced from opulence to beggary. Men who had spent
tli^r lives in extending the Britidi commerce, who had invested in

» 14. G. S.

109

ping
and

in

Iruin.
in
;tof
)aid

that piacC) the wealdi their honest endeavors had merited, found
themselves and their families, thrown at once on the world, fcff _
subsistence by its charities. Not the hundredth part of the inhabit-
ants of that town, had been concerned in the act complained of;
many of them were in Great Britain, and in other parts beycmd
sea ; yet all were involved in one indiscriminate ruin, by a new
execudve power, unheard of till then, that of a British Parliament.
A property of the value of many milUons of money, was sacrificed
to revenge, not repay, the bss cf a few thousands. This is ad-
ministering justice with a heavy hand indeed ! And when b this
tempest to be arrested in its course ? Two wharves are to be opened
again when his Majesty shall think proper : the residue which lined
the extensive shores of the bay of Boston, are forever interdicted
the exercise of commerce. This little exception seems to have
been thrown in for no other purpose, than that of setting a prece-
dem for investing his Majesty with legislative powers. If the
pulse of his people shall beat calmly under this experiment, an-
other and another will be tried, till the measure of despotism be
filled up. It would be an insuh on common sense, to pretend that
this exception was made, in order to restore its commerce to that
great town. The trade which cannot be received at two wharves
alone, must of necessity be transferred to some other place ; to
which it will soon be followed by that of the two wharves. Con-
sidered in this light, it would be an insolent and cruel mockery, at
the annihilation of the town of Bostcm. By the act for the sup-
pression of riots and tumults in the town of Boston,"^ passed also in
the last session of Parliament, a murder committed there, is, if the
Governor pleases, to be tried in the court of King's bench, in the
island of Great Britain, by a jury of Middlesex. The wimesses,
too, on receipt of such a sum as the Governor shall think it rea-
sonable for them to expend, are to enter into recognisance, to ap-
pear at the trial. This is, in other words, taxing them to the
amount of their recognisance ; and that amount may be whatever
a Governor pleases. For who does his Majesty think can be pre-
vailed on to cross the Atiantic, for the sole purpose of bearing
evidence to a fact? His expenses are to be borne, indeed, as they
shall be estimated by a Governor ; but who are to feed the wife
and children whom he leaves behind, and who have had no other
subsistence but his daily labor ? Those epidemical disorders, too,
so terrible in a foreign climate, is the cure of them to be estimated
among the articles of expense, and their danger to be warded off
by the Almighty power of a Parliament? And the wretched crimi-

* 14. G. 3.

no

nal, if he happen to have ofTended on the American side, stripped
of hifl privilege of trial by peers of his vicinage, removed from
the i^ce where alone full evidence could be obtained, without
money, without counsel, without friends, without exculpatory proof,
is tried before Judges predetermined to condemn. The cowards
who would suffer a countryman to be torn from the bowels of their
society, in order to be thus offered a sacrifice to Parliamentary
tyranny, would merit that everlasting infamy now fixed on the au-
tliors of the act ! A clause, for a similar purpose, had been intror
duced into an act passed in the twelfth year of his Majesty's reign,
entided, * an act for the better securing and preserving his Majesty's
Dock-yards, Magazines, Ships, Ammunition and Stores ;' against
which, as meriting the same censures, the several colonies have
already protested.

That these are the acts of power, assumed by a body of men
foreign to our constitutions, and unacknowledged by our laws ;
against which we do, on behalf of the inhabitants of British Ame-
rica, enter this, our solemn and determined protest. And we do
earnestly intreat his Majesty, as yet the only mediatory power be-
tween the several states of the British empire, to recommend to
his Parliament of Great Britain, the total revocation of these acts,
which, however nugatory they be, may yet prove the cause of fur-
ther discontents and jealousies among us.

That we next proceed to consider the conduct of his MajestjP,
as holding the Executive powers of the laws of these states, and
mark out liis deviations from the line of duty. By the constitution
of Great Britain, as well as of the several American States, his
Majesty possesses the power of refusing to pass into a law, any bill
which has already passed the other two branches of the legislature.
His Majesty, however, and his ancestors, conscious of the impro-
priety of opposing their single opinion to the united wisdom of two
Houses of Parliament, while their proceedings were unbiassed by
interested principles, for several ages past, have modestly declined
the exercise of this power, in that part of his empire called Great
Britain. But, by change of circumstances, other principles than
those of justice simply, have obtained an influence on their deter-
minations. The addition of new states to the British empire, has
produced an addition of new, and, sometimes, opposite interests.
It is now, therefore, the great office of his Majesty, to resume the
exercise of his negative power, and to prevent the passage of laws
by any one legislature of the empire, which might bear injuriously
on the rights and interests of another. Yet this will not excuse
the wanton exercise of this power, which we have seen his Majesty
practise on the laws of the American legislatures. For the most

Ill

trifling reasoiw, and, swnetimes for no conceivable reason at all,
his Majesty has rejected laws of the most salutary tendency, ^l^e
abolition of domestic slavery is the great object of desire m tihose
colonies, where it was, unhappily, introduced in their infant state.
But previous to the enfranchisement of the slaves we have, it is
necessary to exclude all further importations from Afrwa. Yet
our repeated attempts to effect this, by prohibitions, and by im-
poenng duties which might amount to a prohibition, have been hi-
therto defeated by his Majesty's negative i thus preferring the imme-
diate advantages of a few British corsairs, to the lastbg interests
of the American States, and to the rights of human nature, deeply
wounded by this infamous practice. Nay, the single interposition
of an interested individual against a law, was scarcely ever known
to fail of success, though, in the opposite scale, were placed the
interests of a whole country. That this is so shameful an abuse of
a power, trusted with his Majesty for other purposes, as if, not re-
formed, would call for snmo legal restrictions.

With equal inattention to the necessides of his people here, has
his Majesty permitted our laws to lie neglected, in England, for
years, neither confirming them by his assent, nor annuUing them
by his negative : so, that such of them as have no suspending clause,
we hold on the most precarious of all tenures, his Majest}'*s will;
and such of them as suspend themselves till his Majesty's assent
be obtained, we have feared might be called into existence at some
future and distant period, when time and change of circumstances
shall have rendered them destructive to his people here. And, to
render this grievance still more oppressive, his Majesty, by his in-
structions, has laid his Governors under such restricdons, diat they
can pass no law, of any moment, unless it have such suspending
clause : so that, however immediate may be the call for legislative
interposition, the law cannot be executed, till it has twice crossed
the Atlantic, by which time the evil may have spent its whole
force. " V

But in what terms reconcileable to Majesty, and at the same
time to truth, shall we speak of a late instruction to his Majesty's
Governor of the colony of Virginia, by which he is forbidden to
assent to any law for die division of a county, unless the new
county will consent to have no representative in Assembly ? That
colony has as yet affixed no boundary to the Westward. Their
Western counties, therefore, are of indefinite extent. Some of
them are actually seated many hundred miles from their Eastern
limits. Is it possible, then, that his Majes^ can have bestowed a
single thought on the situation of those people, who, in order to
obtain justice for injuries, however great or small, must, by the

f

112

l'^:

OkJoMliiiliilJet^ MnMulgr indH and iwiMiih^iitoAe iraiUMlft
hit Mdajwit ahould pm iq^ tbe glonoua light oCropPWWilitipB»^iBth
all ^ Woeits lieiifed iroDi ifait^ciid adboyi thenneWtw l|i»fb-
MslimBfaErfls^hii aoireiiiaipa wiiL? O is itrathwMwant t^eoHfine
^ lofislfitive faedgclotheir pveaeiit ■mabers^ thi( liMgr w^r be
ihe ebeapwr bargab) vvbiiiever ibeji&i^hiitt befsoOia worili Vk^HW*
ehase?

v'dlwof ^ adidM of iH^peafllpMttt agaiast Treaifiai^ aoi^be
ailMf Judgaa of WeatmiBstar Hall, in tbe raigB of Riehar^^be
sAeoiwl, for wbieJn they sufiered4ea^, as tnuAnn t»lhair coiialry,
was» that they nad advised die King, that he m^t ^ueohre his Bur-
hain«tf at any time: and succeedmg Kings have adop^ ihe
0f)iBii» oi these unjust Judges. Smce the estabhstunrat, hfom^v&t,
d'. the B^iush consUtution, at the glorious Revoluti^A, on ita free
!uid antient principles, neiUier his Majogiy, nm his ancestors* liave
e^Ecised siicfa a power of dissolutioo in the island ol Groat Bri-
tain:;* and, when his M^es^ was petitioned, by the. i^itedi voice
of las peepie there, to dissolve the present Paritiameiit» vdio bad
beoqine dbnoxious to th«m, his Ministers were heard ta deektre,
ift open Parliainent, that his Ms^sly possessed no sueh poww by
tba eonsMution. But how different diek language* and Im {nmo-
ticcfherel To declare, as their duty reqiwed, die iQeoaa) nibts of
dMU^souatty) to oppose the usurpation of every foreign ^(^catnEe,
jbe diflregard ^e imperious mandates of a Muaister or Gavenw,
iMvebaen ^ avowed causes of dissolving Houses oH Bfiftea^slUk-
tm» m America. But if such powers be really vastad in his Ma-
jmtyi e«i he suppose they are Uiere placed to awe tlie meipl^Brs
frov fuch purposes as. these ? When die representative body liave
h^st the cMiidence o£ their constitueirts, when thay hava vfiori-
1111% made saje of their moM valuable rights, vih^ they have .as-
sumed to themselves powers which the people never put into.lheir
l^Mds, then, indeed, their continubg in o&e becomas daiu^arous
to the statA) and calls for an exercise of .he' power ol^disscirii^n.
Such being the causes ibr which the representative bo(fy sh(»ild,
aqid should not, be dissolved, will it not appear struige, to an vn-
bws^ observw, that that of Great Britain was not dissolved, m^t
ibose of the cd«ues have repeatedly incunred that senten<;e ?

* Qo fuftbec eD<)uirT, I fyad two insUnceB of lUssolutiona before the Piirlia-
inent would, of itself, na,ve been t^t an end ; viz. the Parliament caVed to meet
Augttst34, 1608, waadiaaelved by Khig William, December 19,1^, uid a
new oM» catted, to meet Fehruorj 6, 11^, which was ako d«i«^ve4i H»v«inb«r
Ui 1701, and a new one met December 30, 1701.

113

But your Majesty, or your Governors, have carried this power
beyond evenr limit known or provided for by the laws. After dis-
solving one House of Representatives, they have refused to call
another, so that, for a great length of time, the legislature provid-
ed by the laws, has been out of existence. From the nature of
things, every society must, at all times, possess within itself tke
sovereign powers of legislation. The feelings of human nature
revolt against the supposition of a state so situated, as that it may
not, in any emergency, provide against dangers which, perhaps,
threaten immediate ruin. While those bodies are in existence to
whom the people have delegated the powers jf legislation, they
alone possess, and may exercise, those powers. But when they
are dissolved, by the lopping off one or more of their branches,
the power reverts to the people, who may use it to unlimited ex-
tent, either assembling together in person, sending deputies, or in
any other way they may tliink proper. We forbear to trace con-
sequences further ; the dangers are conspicuous with which this
practice is replete.

Tliat we sha^ , at this time also, take notice of an error in the
nature of our land holdings, which crept in at a very early period
of our settlement. The introduction of the Feudal tenures into
the kingdom of England, though antient, is well enough under-
stood to set this matter in a proper light. In the earlier ages of
the Saxon settlement, feudal holdings were certainly altogether
unknown, and very few, if any, had been introduced at the time
of the Norman conquest. Our Saxon ancestors held their lands,
as they did their personal property, in absolute dominion, disen-
cumbered with any superior, answering nearly to the nature of
those possessions which the Feudalists term Allodial. William
the Norman, first introduced that system generally. The lands
which had belonged to those who fell in the battle of Hastings,
and in the subsequent insurrections of his reign, formed a consi-
derable proportion of the lands of the whole kingdom. These he
granted out, subject to feudal duties, as did he also those of a
great number of his new subjects, who, by persuasions or threats,
were induced to surrender them for that purpose. But stiD, much
was left in the hands of his Saxon subjects, held of no superior,
and not subject to feudal conditions. These, therefore, by ex-
press laws, enacted to render uniform the system of military de-
fence, were made liable to the same military duties as if they had
been feuds : and the Norman lawyers soon found means to sad-
dle tliem, also, with all the other feudal burthens. But still they
had not been surrendered to the Kng, they were not derived from
his grant, and therefore they were not holden of him. A general

VOL. I. ■■' 1$^

'A fr .. '*• ^' ' ■ ' ^' ' '

A. *;. f-

^:

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114

principle indeed was introduced, that ' all lands in England were
held ehher mediately or immediately of the Crown :* but this was
borrowed from those holdings which were truly feudal, and only
aj^lied to others for the purposes of illustration. Feudal holdings
were, therefore, but exceptions out of the Saxcm laws of possession,
under which all lands were held in absdute right. These, there-
fore, still fixm the baas or groundwork of the Common law, to
prevail wheresoever the exceptions have not taken {^ce. Ame-
rica was not conquered by William the Norman, nor its lands
surrendered to him or any of his successors. Possessions there
are, undoubtedly, of the Allodial nature. Our ancestors, however,
who migrated hither, were laborers, not lawyers. The fictitious
principle, that all lands betong originally to the King, they were
early persuaded to believe real, and accordingly took grants of
their own lands from the Crown. And while the Crown continued
to grant for small sums and on reasonable rents, there was no in-
ducement to arrest the error, and lay it open to public view. But
his Majesty has lately taken on him to advance the terms of pur-
chase and of holding, to the double of what they were ; by which
means, the acquisition of lands being rendered difficult, the popu-
lation of our country is likely to be checked. It is time, there- *«
fore, for us to lay this matter before his Majesty, and to declare,
that he has no right to grant lands of himself. From the nature
and purpose of civil institutions, all the lands within the limits,
which any particular socie^ has circumscribed around itself, are
assumed by that society, and subject to their allotment ; this may
be done by themselves assembled collectively, or by their legisla-
ture, to whom they may have delegated sovereign authority : and,
if they are allotted in neither of these ways, each individual of the
socie^, may appropriate to himself such lands as he finds vacant,
and occvpancy will give him title. ^' . •

That, in order to enforce the arbitrary measures before com-
plained of, his Majesty has, from time to time, sent among us large
bodies of armed forces, not made up of the people here, nor rais- .
ed by the authority of our laws. Did his Majesty possess such a
right as this, it might swallow up all our other rights, whenever he
should tlimk proper. Birt his Majesty has no right to land a sin-
gle armed man on our shores ; and those whom he sends here are
lisble to our laws, for die suppression and punishment of Riots,
Routs, and unlawful assemblies, or are hostile bodies invading us
in defiance of law. When, in the course of the late war, it became
expedient, that a body of Hanoverian troops should be brought
o\er for the defence of Great Britain, his Majesty's grandfather,
our late sovereign, did not pretend to introduce thera under any

W:

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re
as

;re

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f

* 115 ' , ♦

autliori^r he possessed. Such a measure would have given just
alarm to his subjects of Great Britain, whose fiberties would not
be safe if armed men of another countr/t and of another spirit,
might be brought into the realm at any time, without the consent
of tlieir legislature. Ae, tlierefore, applied to Parliament, who
passed an act for tliat purpose, limiting the number to be brought
in, and tlie time they were to continue. In like manner is nis
Majesty restrained in every part of the empire. He possesses in-
deed the executive power oi the laws in every state ; out they are
die laws of the particular state, which he is to administer within
that state, and not those of any one within the limits of another.
Eveiy state mjist judge for itself, the number of armed men which
diey may safely trust among diem, of wh(»n they are to consist,
* and under what restrictions they are to be laid. To rwider these
proceedings still more criminal against our laws, instead of sub-

*% jecting die militaiy to the civil power, his Majesty has expressly
' made the civil subordinate to the military. But en n his Majesty
thus put down all law under his feet ? Can he erect a power su-
perior to that which erected himself? He has done it indeed by
force ; but let him remember that force cannot give right.

That these are our grievances, wliich we have thus laid before
Ills Majesty, with that freedom of language and sentiment which
becomes a free people, claiming their rights as derived from the
laws of nature, and not as the gift of their Chief Magistrate. Let
those flatter, who fear : it is not an American art. To give jH-aise
where it is not due, might be well from the venal, but would ill
beseem those who are asserting the rights of human nature. They
know, and will, therefore, say, that Kings are the servants, not the
proprietors of die people. Open your breast. Sire, to liberal and
expanded thought. Let not the name of George the third, be a
blot on the page of history. You are surrounded by British coun-
sello:s, but remember that they are parties. You have no minis-
ters for American affairs, because you have none taken from among
us, nor amenable to the laws on which diey are to give you ad-
vice. It behoves you, therefore, to think and to act for yourself
and your people. The great prmciples of rigjit and wrong are
legible to every reader : to pursue them, requires not the aid of

ijpi; many counsellors. The whole art of government consists in tlie
art of being honest. Only aim to do your duty, and mankind will
give you credit where you fail. No longer persevere in sacrific-
ing the rights of one part of the empire, to die inordinate desires
of anodier : but deal out to all, equal and impartial right. Let no
act be passed by any one legislature, which may infringe on the
rights and liberties of anodier. This is the important post in which

•*.

■r-

li-

ne

*

fortune has placed vou, holding the balance of a great, if a well
poised empire. ThiS) Sire, is (he advice of your great American
council, on the observance of which, may perhaps depend your
felicity and future fame, and the preservation of that harmony
which alone can continue, both to Great Britain and America, the
reciprocal advantages of theur connection. It is neither our %vish
nor our interest to separate from her. We are willing, on our
part, to sacrifice every thing which reason can ask, to the restora-
tion of that tranquillity for which all must wish. On their part,
'let them be ready to establish union on a generous plan. Let
them name their terms, but let them be just. Accept of every
commercial preference it is in our power to give, for such things
as we can raise for their use, or they make for our. But let
them not think to exclude us from going to other markets, to dis-
pose of those commodities which they cannot use, nor to supply
those wants which they cannot supply. Still less, let it be propos-
ed, that our properties, within our own territories, shall be taxed
or regulated by any power on earth, but our own. The God who
gave us life, gave us liberty at the same time : the hand of force
may destroy, but cannot disjoin them. This, Sire, is our last, our
determined resolution. And that you will be pleased to interpose,
with that efficacy which your earnest endeavors may insure, to
procure redress of these our great grievances, to quiet the minds
of your subjects in British America, against any apprehensions of
future encroachment, to establish fraternal love and harmony
through the whole empire, and that that may continue to the latest
ages of time, is the fervent prayer nf all Brittsii America.

[Note D.]

August, 1774.

Instructions for the Deputies appointed to meet in General Con-
gress on the part of this Colony »

The unhappy disputes between Great Britain and her American
colonies, which began about the third year of the reign of his
present Majesty, and since, continually increasing, have proceeded
to lengths so dangerous and alarming, as to excite just apprehen-
sions in the minds of his Majesty's feithful subjects of this colony,
that they are in danger of being deprived of their natural, antient,
constitutional, and chartered rights, have compelled them to take

•*

117

the same into their most serious consideration ; and, being de-
prived of their usual and accustomed mode of making known their
grievances, have appointed us their representatives, to consider what
is proper to be done in this dangerous crisb of American affairs.
It being our opinion, that tfiC united wisdom of North America,
should be collected in a General Congress of all the colonies,
we have appointed the Honorable Peyton Randolph, Richard
Henry Lee, George Washington, Patrick Hemy? Richard Bland,
Benjamin Harrison, and Edmund Pendleton, Esquires, deputies
to represent this colony in the said Congress, to be held at Phila-
delphia, on the first Monday in September next.

And that tliey may be the better informed of our sentiments,
touching the conduct we wish them to observe on this important
occasion, we desire that they will express, in the first place, our
faiih and true allegiance to his Majesty, King George the tliird,
our lawful and rightful sovereign ; and that we are determined,
with our lives and fortunes, to support him in the legal exercise of
all his just rights and prerogatives. And, however misrepresented,
we sincerely approve of a constitutional connection with Great
Britain, and wish, most ardently, a return of that intercourse of
affection and commercial connection, that formerly united both
countries, which can only be effected by a removal of tliose causes
of discontent, which have of late unhappily divided us.

It cannot admit of a doubt, but that British subjects in America,
are entitled to the same rights and privileges, as their fellow
subjects possess in Britain ; and therefore, that the power as-
sumed by the British Parliament, to bind America by their statutes,
in all cases whatsoever, is unconstitutional, and the source of these
unhappy differences.

The end of government would be defeated by the British Par-
liament exercising a power over the lives, the property, and the
liberty of American subjects j who are not, and, from their lo-
cal circumstances, cannot be, there represented. Of this nature,
we consider the several acts of Parliament, for raising a revenue
in America, for extending the jurisdiction of the courts of Admi-
ralty, for seizing American subjects, and transporting them to Bri-
tain, to be tried for crimes committed in America, and the several
late oppressive acts respecting the town of Boston, and Province
of the Massachusetts Bay.

The original constitution of the American colonies, possessing
their assemblies with the sole right of directing their internal polity,
it is absolutely destructive of the end of their institution, that their
legislatures should be suspended, or prevented, by hasty dissolu-
tions, from exercising their legislative powers.

■ii^

118

Wanting the protection of Britain, we have long acquiesced in
tlieir acts of navigation, restrictive of our commerce, which we
consider as an ample recompense for such protection ; but as those
acts derive their L-fTicacy from that foimdation alone, we have rea-
son to expect they will oe restrained, so as to produce the reasona-
ble purposes of Britain, and not injurious to us. <■

To obtain redress of these grievances, witliout which tlie people
of America can neither be safe, free, nor happy, tliey are willing
to undergo the great inconvenience that will be derived to them,
from stopping ail imports whatsoever, from Great Britain, alter the
first day of November next, and also to cease exporting any com-
modity whatsoever, to the same place, after the tentli day of Au-
^^^t, 1775. The earnest desire we have to make as quick and
lull payment as possible, of our debts to Great Britain, and to avoid
tlie heavy injury that would arise to this country, from an earlier
adoption of die non-exportation plan, after the people have akeady
applied so much of dieir labor to the perfecting of the present
crop, by which means, tliey have been prevented from pursuing
other methods of cloUiing and supporting their families, have ren-
dered it necessary to restrain you in this article of non-exportation ;
but it is our desire, that you cordially co-operate with our sister
colonies in General Congress, in such other just and proper methods
as tliey, or the majority, shall deem necessary for the accomplish-
ment of tliese valuable ends.

The proclamation issued by General Gage, in the government
of the Province of the Massachusetts Bay, declaring it treason for
the inhabitants of that province to assembie themselves to consider
of thei** grievances, and form associations for their common con-
duct on the occasion, and requiring the civil magistrates and offi-
cers to apprehend all such persons, to be tried for tlieir supposed
offences, is the most alarming process that ever appeared in a
British government ; that the said General Gage, hath, thereby, as-
sumed, and taken upon himself, powers denied by the constitudon
to our legal sovereign ; tliat he, not having * condescended to dis-
close by what authority he exercises such extensive and unheard
of powers, we are at a loss to determine, whether he intends to
justify himself as the representative of the King, or as the Com-
mander in Chief of his Majesty's forces in America. If he con-
siders himself as acting in the character of his M^esty's represen-
tative, we would remind him that tlie statute 25tli, Edward the third,
has expressed and defined all treasonable offences, and that the
legislature of Great Britain hath declared, that no offence shall be
construed to be treason, but such as is pcanted out by that statute,
and that this was done to take out of the hands of tyrannical Kings,

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It

nnd of weak ami wicked Ministers, ihnt deadly weapon, whieli
constructive treason had iumished them with, and which had drawn
the bkx>d of the best and honestest men in the kingdorm ; and that
the King of Great Uritain, hath no right by his procilamatbn, to
subject his people to imprisonment, pains, and penahieH.

That if Uie said General Gage conceives he is empowered to
net in diis manner, as the Commander in Chief of his Majesty'^
forces in America, this odious, and illegal proclarTiadon must be
considered as a plain and full declaration, dmt this . lespnrifk Vice-
roy will be bound by no law, nor regard the constitutional rights
of his Majesty's subjects, whenever they interfere with tlie plan
he has formed for opprci^sing; the good people of the Massachusetts
Hay ; and, therefore, thiu tlie executing, or attempting to execute,
such proclamation, will justify rcsist;:ncc and reprisal.

[Note E.]

Monticollo, November 1, 1778.
Dear Sir,

1 have got through the bill ' for proportioning crimes and j)unisli-
ments in cases heretofore capital,' and now enclose it to you with
a request that you will be so good, as scrupulously to examine and
(correct it, Uiat it may be presented to our committee, with as few
defects as possible. In its style, I have aimed at accuracy, brevity,
and simplicity, preserving, however, the very words of the esta-
blished law, wherever their meaning had been sanctioned by judi-
cial decisions, or rendered technical by usage. The same matter,
if couched in the modern statutory language, witli all its tautolo-
gies, redundancies and circumlocuUons, would have spread itself
over many pages, and been unintelligible to those whom it most
concerns. Indeed, I wished to exhibit a sample of reformation in
the barbarous style, into wliich modem statutes have degenerated
from their antient simplicity. And I must pray you to be as watch-
ful over what I have not said, as what is said ; for the omissions of
this bill have all tlieir positive meanmg. I have tliought it better
to drop, in silence, the laws we mean to discontinue, and let them
be swept away by the general negative words of this, than to detail
them in clauses of express repeal. By the side of the text I have
written the notes I made, as I went along, for the benefit of my
own memory. They may serve to draw your attenuon to ques-
tions, to wliich tlie expressions or the omissions of the text may
give rise. The extracts from the Anglo-Saxon laws, the sources

♦♦

120 *

of the Common law, f wroto in their oriKiiial, for my own satiHfac-
tion ;* but I have added Latin, or liberal Lni^lish translations. From
the time of Canute to that of the Magna Charta, you know, the
text of our statutes is preserved to us in Latin only, and some old
French.

I have strictly observed 'the scale of punishments settled by the
Committee, without being entirely satisfied with it. The Lex tali-
onUf although a restitution of the Common law, to the simplicity of
which we have generally found it su advantageous to return, will
be reyohing to the humanised feelings of modem times. An eye
for an eye, and a hand for a hand, will exhibit s])ectacles in exe-
cution whose moral effect would be questionable ; and even the
membrumpro membro of Bracton, or tlie punishment of the offend-
ing member, although long authorised by our law, for the same
offence in a slave, has, you know, been not long since repealed,
in conformity with public sentiment. This needs reconsideration.

I have heard little of the proceedings of the Assembly, and do
not expect to be with you till about the close of the month. In
the meantime, present me respectfully to Mrs. Wythe, and accept
assurances of the affectionate esteem and respect of, dear Sir,

Your friend and servant,

Th: Jefferson.

George Wythe, Esq.

A bill for proportioning crimes and punishments, in cases ficreto-

fore capital.

Whereas, it frequently happens that wicked and dissolute men,
resigning themselves to tlie dominion of inordinate passions, commit
violadons on the lives, liberties, and property of others, and, the
secure enjoyment of these having pnncipnlly induced men to en-
ter into society, government vould be defective, in its principal
purpose, were it not to restrain such criminal acts, by inflictmg due
punishments on those who perpetrate them ; but it appears, at the
sanie time, equally deducible from the purposes of society, that a
member thereof, committing an inferior injury, does not wholly
forfeit the protection of his fellow citizens, but, after suffering a
punishment in proportion to his offence, is entitled to their protec-
tion from all greater pain, so that it becomes a duty in the legis-

[* In this publication, the original Saxon words are given, but, owing to
the want of Saxon letter, they are printed in common type.]

121

kture to arranp;o, in ft proper fcale, the crimes which it may be
necessary for them to repress, and to adjust thereto a correspond-
ing f^mdntion of piini.shmonts.

And whereas, the reformation of offenders, though an object
worthy the attention of tlie laws, is not effected at all by capital
punishments, which exterminate, instead of reforming, and should
be the last melancholy resource against those whoso existence is
become inconsistent \vilh the safety of their fellow citizens, which
also weaken the State, by cutting off so many who, if reformed,
might be restored sound members to society, who, even under
a course of correction, might be rendered useful in various labors
for the public, and would bo living and long contuiued spectacles
to deter others from committing the like offences.

And forasmuch as the experience of all ages i .id countries hath
shewn, that cruel and sanguinary laws defeat their own purpose,
by engaging the benevolence of mankind to withhold prosecutions,
to smother testimony, or to listen to it with bias, when, if the pun-
ishment were only proportioned to the injury, men would feel it
tlieir inclination, as well as their duty, to see the laws observed.

For rendering crimes and punisliments, therefore, more pro-
portionate to each other :

Be it enacted by the General Assembly, that no crime shall be
hencefortli punished by deprivation of life or limb,* except those
hereinafter ordained to be so punished.

f If a man do levy war| against the Commonwealth [in the
same], or be adherent to the enemies of the Commonwealth [withr-
in the same,']'^ giving to them aid or comfort in the Commonwealth,

* This takes away the punishment of cutting off the hand of a person strikinff
another, or drawing his sword in one of the superior courts of justice. Stamf.
P.C.3d. 33. H. 8.0.12. In an earlier stage of the Common law, it was death. Gif
hwa gefeohte on Cyninges huse sy he scyldig ealles his yrfes, and ay on
CyningcB dome hwsether he lif age de nage : si quis in regis domo pugnet,
perdat omnem suam haereditatem, et in re^is sit arbitrio, possideat vitam an
non possideat. LI. Inae. G. Gif hwa on Cyninges healle gefeohte, oththe
his WGBpne gebrede, and hine mon gefo, sy theet on Cyninges dome swa death,
swa lif, swa ho him forgyfan wille : si quis in aula regia pugnet, vel arma sua
extrahat et capiatur, sit in regis aibitrio tam mors quam vita, sicut ei con-
donare voluerit. LI. Alfr. 7. Gif hwa on Cyninges hirede gefeohte tholige
thot lifes, buton se Cyning him gearian wille : si quis in regia dimicat, per-
dat vitam, nisi rex hoc illi condonare velit. LI. Cnuti. 56. 4. BL 125.

t 25. E. 3. St. 5. c. 2. 7. W. 3. c. 3. § 2.

i Though the crime of an accomplice in treason is not here described, yet,
Lord Coke says, the partaking and maintaining a treason herein described,
makes him a principal in that treason ; it being a rule that in treason all are
principals. 3 Inst. 13S. 2 Inst. 590. 1 H. 6. 5.

§ These words in the English statute narrow its operation. A man adher-
ing to the enemies of the Commonweolth, in a foreign country, would certainly
not be guilty of treason with us, if these words be retained. The convictions

VOL. I. 16

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122

.^

or elsewhere, and thereof be convicted of open deed, by the evi-
dence of two sufficient witnesses, or his own voluntary confession,
the said cases, and no* others, shall be adjudged treasons which
extend tc the Canmonwealth, and the person so convicted shall
sufier death by hanging,f and shall forfeit his lands and goods to
tlie Commonwealth.

If any person commit Petty treason, or a husband murder his
wife, a parent| his child, or a child his parent, he shall suffer death

of treason of that kind in England, have been under that branch of the statute
which makes the compassing the king's death treason. Foster lOG. 197. But
as we omit that branch, we must by other means reach this flagrant case.

* The stat. 25. £. 3. directs all other cases of treasons to await the opinion
of Parliament. This has the effect of negative words, excluding all other
treasons. As we drop that part of the statute, we must, by negative words,
prevent an inundation of common law treasons. I strike out the wor<' ' it,'
therefore, and insert ' the said cases and no others.' Qutere, how far those ne-
gative words may affect the case of accomplices above mentioned .'* Though if
tlieir case was within the statute, so as that it needed not await the opinion of
Parliament, it should seem to be also within our act, so as not to be ousted by
the negative words.

t This implies ' by the neck.' See 2 Hawk. 444. notes n. o.

t By the stat. 21. Jac. 1. c. 27. and Act Ass. 1710. c. 12. concealment by
the mother of the death of a bastard child is made murder. In justification
of this, it is said, that shame is a feeling which operates so strongly on the
mind, as frequently to induce the mother of such a ch'ld to murder it, in
order to conceal her disgrace. The act of concealment, therefore, proves
she was influenced by sname, and that influence produces a presumption
that she murdered the child. The effect of this law then, is, to make what,
in its nature, is only presumptive evidence of a murder, conclusive of that
Act, To this I answer, 1 . So many children die before, or soon afler birth, that
to presume all those murdured who are found dead, is a presumption which
will lead us oflener wrong than right, and consequently would shed more
blood than it would save. 2. If the child were bom dead, the mother would
naturally choose rather to conceal it, in hopes of still keeping a good character
in the neighborhood. So that the act of concealment is far from proving the
guilt of murde-' on the mother. 3. If shame be a powerful affection of the
mind, is notp& <>ntal love also.' Is it not th'> strongest affection known .'' Is it not
greater than even that of self-preservation .' While we draw presumptions from
shame, one affection of the mind, against the life of the prisoner, should we
not give some weight to presumptions from parental love, an affection at least
as strong, in favor of life ? If concealment of the fact is a presumptive evi-
dence of murder, so strong as to overbalance all other evidence that may
possibly be produced to take away the presumption, why not trust the force
of this incontestable presumption to the jury, who are, in a regular course,
to hear presumptive, as weU as positive testimony .' If the presumption, aris-
ing from the act of concealment, may be destroyed by proof positive or cir-
cumstantial to the contrary, why should the legislature preclude that contrary
proof.' Objection. The crime is diflicult to prove, being usually committed in
secret. Answer. But circumstantial proof will do ; for example, marks of
violence, the behavior, countenance, &c. of the prisoner, &c. And if couclu-
bive proof be difficult to be obtained, shall we therefore fasten irremovably
I'pon equivocal proof? Can we change the nature of what is contestable, and
make it incontestable ? Can we make that conclusive which God and nature
have made inconclusive .' Solon made no law against parricide, supposing it
impossible any one could be guilty of it ; and the Persians, from the same
opmion, adjudged all who killed their reputed parents to be bastards : and

in

♦.

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123

by hanging, and his body be delivered to Anatomists to be dis-
sected.

Whosoever committeth murder by poisonmg, shall su^r death
by poison.

Whosoever committeth murder by way of duel, shall suffer death
by hanging ; and if he were the challenger, his body, after death,
shall be gibbeted.* He who removeth it from the gibbet, diall
be guilty of a misdemeanor ; and the officer shall see that it be
replaced.

Whosoever shall commit murder in any other way, shall suffer
death by hanging.

And in aU cases of Petty treason and murder, one half of the
lands and goods of the offender, shall be forfeited to the next of
kin to the person killed, and tlie otlier half descend and go to his
own representatives. Save only, where one shall slay die chal-
lenger in a duel,! in which case, no part of his lands or goods shall
be forfeited to the kindred of the party slain, but, instead thereof,
a moiety shall go the Commonwealth.

The same evidence| shall suffice, and order and course^ of
trial be observed in cases of Petty treason, as in tliose of otherj|
murders.

Whosoever shall be guilty of m.anslaughter,ir shall, for the first
offence, be condemned to hard** labor for seven years, in the

although parental, be yet stronger than filial affection, we admit Baticide
proved on the most equivocal testimony, whilst they rejected all proof of an
act, certainly not more repugnant to nature, as of a thing impossible, un-
provable, ^e Beccaria, § 31.

* 25. G. 2. c. 37. i»

t Qu8Bre, if the estates of both parties in a duel, should not be forfeited?
The deceased is equally guilty with a suicide.

t Quffire, if these words may not be omitted .'' By the Common law, one wit-
ness in treason was sufficient. Foster 233. Plowd. 8. a. Mirror c. 3. § 34. Wa-
terhouse on Fortesc. de laud. 252. Carth. 144. per Holt. But Lord Coke,
contra 3 inst. 26. The stat. 1. E. 6. c. 12. & 5. £. 6. c. 11. first required two wit-
nesses in treason. The clause against high treason supra, does the same as
to high treason : but it seems if let and 5th £. G. are dropped, Petty treason
will be tried and proved, as at Common law, by one witness. But quaere, Lord
Coke being contra, whose opinion it is ever dangerous to neglect.

§ These words are intended to take away the peremptory challenge of
thirty-five jurors. The same words being used 1. 2. Ph. & M . c. 10. are
deemed to nave restored the peremptory challenge in high treason ; and con-
sequently are sufficient to take it nway. Foster 237.

II Petty treason is considered in law only as an aggravated murder. Foster
107. 323. A pardon of all murders, pardons Petty treason, I Hale P. C. 378.
see 2 H. P. C. 340. 342. It is also included in the word ' felony,' so that a
pardon of all felonies, pardons Petty treason.

IT Manslaughter is punishable at law, by burning in the hand, and forfeit-
ure of chattels.

** It is best, in this act, to lay down principles only, in order that it may not
for ever be undergoing change : and, tu curry into cllcct thu uiiuutcr parts

M

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124

public works, shall forfeit one half of 'his lands and goods to tlie
next of kiu to the person slain ; the other half to be sequestered
during such term, in the hands and to the use of the Common-
wealth, allowing a reasonable part of the profits for tlie support of
his family. The second offence shall be deemed murder.

And where persons, meaning to commit a trespass* only, or
larceny, or. other unlawful deed, and doing an act from which
involuntary homicide hath ensued, have heretofore been adjudged
guilty of manslaughter, or of murder, by transferring such their
unlawful intention to an act, much more penal than they could
have in probable contemplation ; no such case shall hereafter be
deemed manslaughter, unless manslaughter was intended, nor
murder, unless murder was intended.

In other cases of homicide, the law will not add to the miseries
of the party, by punishments or forfeitures.!

of it, frame » bill ' for the emplojnnent and government of felons, or male-
factors, condemned to labor for the Commonwealth,' which may serve as an
Appendix to this, and in which all the particulars requisite may be directed :
and as experience will, from time to time, be pointing out amendments, these
may be made without touching this fundamental act. See More's Utopia
pa. 50. for some good hints. Fugitives might, in such a bill, be obliged to
work two days for every one they absent themselves.

* The shooting at a wild fowl, and killing a man, is homicide by niisad-
yeuture. Shooting at a pullet, without any design to take it away, is nian-
siaughter ; and with a design to take it away, is murder. G Sta. tr. 322. To
shoot at the poultry of another, and thereby set fire to his house, is arson, in
the opinion of some. Dalt. c, 116. 1. Hale's P. C. 509. contra.

t Beccaria. § 32. Suicide. Homicides are, 1. Justifiable. 2. Excusable.
3. Felonious. For the last, punishments have been already provided. The
first ar< held to be totally without guilt, or rather commendable. The se-
cond are in some cases, not quite unblamable. These should subject the party
to marks of contrition ; viz. the killing of a man in defence of property ; so also
in defence of one's person, which is a species of excusable homicide ; because,
although cases may happen where these also are commendable, yet most fre-
quently, they are done on too slight appearance of danger ; as in return for a
blow, kick, fillup, &c. ; or on a person's getting into a house, not animo fiiran-
di, but perhaps veneris causa, &c. Bracton says, ' si quis furem noctnrnum
Occident, ita demum impune foret, si parcere ei sine periculo sno non putuit, si
autem potuit, alitor erit.' Item erit si quis hamsukne quae dicitur invasio do-
mus contra pacem domini regis in domo sua so defenderit, et invasor occisus
fuerit ; impersecutus et inultuf* remanebit, si ille quern invasit alitor se de-
fendere non potuit; dicitur eni."\ quod non est dignus habere pacem qui non
vult observare eam.' L. 3. c. 23. § 3. ' Qui latronem occiderit, non tenetur,
noctumum vel diumum, si alitor pericuium evadere nonpossit; t'^netur ta-
men si possit. Item non tenetur si per infortunium, et non animo et voluntate
occidendi, nee dolus, nee culpa ejus inveniatur.' L. 3. c. 30. § 1. The stat.
24. H. 8. c. 5. is therefore merely declaratory of the Common law. See on the

feneral subject Puffend. 2. 5. § 10. 11. j2. 10.17. Excusable homicides are
y misadventure, or in self-defence. It is the opinion of some lawyers, that
the Common law punished these with death, and that the statute of Marl-
bridge, c. 26. and Gloucester, c. 9. first took away this by giving them title to
a pardon, as matter of right, and a writ of restitution of their goods. See 2.
Inst. 148. 315. 3. Inst, 55. Bracton L. 3 c 1. § 2. FleUL. 1, c. 23. §. 14. 15.

125

Whenever sentence of deatli shall have been pronounced against
any person for treason or murder, execution shall be done on the
next day but one after such sentence, unless it be Sunday, and
then on tlie Monday following.*

Whosoever shall be guilty of Rape,f Polygamy,^ or Sodomy^

21. E. 3. 23. But it is believed never to have been capital. 1. H. P. C. 425. 1.
Hawk. 75. Foster, 2d2. 4. B1.188. It seems doubtful also, whether at Common
law, the party forfeited all his chattels in this case, or only paid a weregild.
Foster, ubi supra, doubts, and thinks it of no consequence, as the statute of
Gloucester entitles the party to Royal grace, which goes as well to forfeit-
ure as life. To rne, there seems no reason for calling these excusable homi-
cides, and the killing a man in defence of property, a justifiable homicide. The
latter is less guiltless than misadventure or self-defence.

Suicide is by law punishable by forfeiture of chattels. This bill exempts it
from forfeiture. The suicide injures the state less than he who leaves it with
his eifects. If the latter then be not punished, tho former should not. As to
the example, we need not fear its influence. Men are too much attached to
life, to exhibit frequent instances of depriving themselves of it At any rate,
the quasi-punishment of confiscation will not prevent it. For if one be found
who can calmly determine to renounce life, who is so weary of his existence
here, as rather to make experiment of what is beyond the grave, can we sup-

Cose him, in such a state of mind, susceptible of influence from the losses to
is family by conflscation .' That men in general, too, disapprove of this se-
verity, is apparent from the constant practice of juries finding the suicide
in a state of insanity ; because they have no other way of saving the forfeiture.
Let it then be done away.

» Beccaria. § 19. 25. G. 2. c. 37.

t 13. E. 1. c. 34. Forcible abduction of a woman having substance, is felony
by 3. H. 7. c. 2. 3. Inst. 61. 4. Bl. 208. If goods be taken, it will be felony as
to them, without this statute : and as to the abduction of the woman, quoere if
not better to leave that, and also kidnapping, 4. Bl. 219. to the Common law
remedies, viz. fina, imprisonment, and pillory, Raym. 474. 2. Show. 221. Skin.
47. Comb. 10. the writs of Homine replegiando, Capias in Withernam, Ha-
beas cor>.ns, and the action of trespass .'' Rape was felon^r at the Common law.
3. Inst. (K). but see 2. Inst. 181. further — for its definition see 2. Inst. 180.
Bracton, L. 3. c. 28. § 1. says, the punishment of rape is ' amissio membrorum,
ut sit membrum pro membro, quia virgo, cum corrumpitur, membrum amittit,
et ideo corruptor puniatur in eo in quo deliquit ; oculos igitur amittat propter
aspectum decoris quo virginem concupivit ; amittat et testiculos qui caloreni
etupri induxerunt. Olim quidem corruptores virginitatis et custitatis suspen-
debantur et eorum fautores, &c. Modernis tamen temporibus alitor observa-
tur,' &c. And Fleta, ' solet justiciarius pro quolibet mahemio ad amissionem
tpsticulorum vel oculorum convictum condemnarc, sed non sine errore, eo quod
id jlidicium nisi in corruptione virginum tantuni competebat ; nam pro virgini-
tatis corruptione solebant abscidi et merito judicari, ut sic pro membro quod
abstulit, membrum per quod deliquit amitteret, viz. testiculos, qui calorem
stupri induxerunt,' &c. Fleta, L. 1. c. 40. § 4. ' Gif theow man theowne to
nydhajmed genyde, gabete mid his oowende :' Si servus servam ad stuprum
coegerit, compenset noc virga sua virili. Si quia puellam,' &c. LI. Aelfridi.
25. ' Hi purgist femme per forze forfait ad les membres. LI. Gul. conq. 19.

In

t 1. Jac. 1. c. 11. Polygamy was not penal till the statute 1. Jac. The law
contented itself with the nullity of tho act. 4. Bl. 103. 3. Inst. 88

§ 25. H. 8. c. G. Buggery is twofold. J. With mankind, 2. with beasts.
Buggery is the Genus, of which Sodomy and Bestiality, are the species. 12.

Co. 37. says,

126

with man or woman, shall be punished, if a man, by castration,^
if a woman, by cutting dirough the cartilage of her nose a hole of
one half inch in diameter at the least.

But no one shall be punished for Polygamy, who shall have
married after probable information of the death of his or her hus-
band or wife, or after his or her husband or wife, hatli absented
him or herself, so that no notice of his or her being alive, hath
reached such person for seven years together, or hath suffered the
punishments before jMrescribed for rapt, polygamy, or sodomy.

Whosoever on purpose, and of malice forethought, shall maimf
another, or shall disfigure him, by cutting out or disabling the
tongue, slitting or cutting off a nose, lip or ear, branding, or other-
wise, shaU be maimed, or disfigured in like J sort : or if that cannot

In Dyer, 304. a man was indicted, and found guilty of rape on a girl of seven
years old. The court ' doubted of the rape of so tender a girl; but if she
had been nine years old, it would have been otherwise.' 14. Eliz. Therefore
the statute 18. Eliz. c. C. says, ' for plain declaration of law, be it enacted, that
if any person shall unlawfully and carnally know and abuse any woman child,
4inder tne age of ten years, &c. he shall suffer as a felon, without allowance of
clergy.' Lord Hale, however, 1. P. C. 630. thinks it rape independent of that
statute, to know carnally, a girl under twelve, the age of consent. Yet 4. Bl.
-212. seems to neglect this opinion ; and as it was founded on the words of 3. E.
1. c. 13. and this is with us omitted, the offence of carnally knowing a girl
under twelve, or ten years of age, will not be distinguished from that of any
other.

* Bracton, Fleta, &c.

t 22. 2?. Car. 2. c. 1. Maiming, was felony at the Common law. Britton,
c. 25. ' Mahemium autem dici poterit, ubh aliquis in aliqua parte sui corparis
laesionem acceperit, per quam affectus sit inutilis ad pugnandum : ut si manus
amputetur, vel pes, oculus privetur, vel scerda do osse copitis lavetur, vel si
quis denies praecisores amiserit, vel castratus fuerit, et talis pro mahemialo
poterit adjudicari.' Fleta L. 1 c. 40. ' £t volons que nul maheme ne soit tenus
lorsque de membre toPet dount home est plus feble a combatre, sicome del oyl,
ou de la mayn, ou del pie, ou de la tete debruse, ou de les dentz devant.'
Britton, c. 25. For further definitions, see Bracton, L. 3. c. 24. § 3. 4. Finch
L. B. 3. c. 12. Co. L. 126. a. b. 288. a. 3. Bl. 121. 4. Bl. 205. Stamf. P. C. L. 1.
c. 41. I do not find any of these definitions confino the offence to wilful and
malicious perpetrations of it. 22. 23. Car. 2. c. 1. called the Coventry act, has
the words ' on purpose and of malice forethought.' Nor does the Common law
prescribe the same punishment for disfiguring, as for maiming.

t The punishment was by retaliation. ' Et come ascun appele serra de'tele

Co. 37. says ' note that Sodomy is with mankind.' But Finch's L. B. 3. c. 24.
' Sodomitry is a carnal copulation against nature, to wit, of man or woman in
the same sex, or of either of them with beasts.' 12. Co. 36. says, ' it appears
by the antient authorities of the law that this was felony.' Yet the 25. H. 8.
declares it felony, as if supposed not to be so. Britton, c. 0. says, that Sodom-
ites are to be burnt. F. N. B. 269. b. Fleta, L. 1. c. 37. says, ' pecorantes et
Sodomitae in terra vivi confodiantur.' The Mirror makes it treason. Besti-
ality can never make any progress; it cannot therefore be injurious to society
in any great degree, wnich is the true measure of criminality in foro civili,
and will ever be properly and severely punished, by universal derision. It
may, therefore, bo omitted. It was antiently punished with death, as it has
butiu latterly. LI. Aclfrid. 31. and 25. II. 6. c. 6. see Bocuoria. § 31. Montosq.

la?

be for want of the same part, then as nearly as may be, in some
other part of at least equal value and estimation, in the opinion of
a jury, and moreover, shall forfeit one half of his lands and goods
to the sufferer.

Whosoever shall counterfeit* any coin, current by law within this
Commonwealth, or any paper bills issued in the nature of money,
or of certificates of loan on the credit of this Commonwealth, or
of all or any of tlie United States of America, or any Inspectors'
notes for tobacco, or shall pass any such counterfeited coin, paper,
bills, or notes, knowing them to be counterfeit ; or, for the sake of
lucre shall diminish,f case, or wash any such coin, shall be con-
demned to hard labor six years in the public works, and shall for-
feit all his lands and goods to the Commonwealth.

J Whosoever committeth Arson, shall be condemned to hard
labor five years in the public works, and shall make gc ^u the loss
of the sufferers threefold.<§

felonie attaint et attende jugeincnt, di soit le jugetnent tiel quo il perde autriel
membre come il avera toilet al pleintyfe. Et sy la pleynte soit faite de femme
que avera toilet a home see membres, en tiel <&j perdra la femme la une meyn

far jugement, come le membre donat ele avera trespasse.' Brii;ton, c. 85.
leta. B. 1. c. 40. LI. Aelfr. 19. 40.

* 25. E. 3. 8t. 5. c 2. 5. El. c. 11. 18. El. c. 1. 8. 9. W. 3. c. 26. 15. 16. G. 2.
c. 28. 7. Ann. c. 25. By the laws of Aethelstan and Canute, this was pun-
ished by cutting off the hand. ' Gif se mynetere ful wurthe slea man tha hand
of, the he that nil mid worthe and sette uppon tha mynet smiththan.' In Eng-
lish characters and words ' if the minter foul [criminal] wert, slay the hand
off, that he the foul [crime] with wrougl and set upon the mint-smithery.'
LI. Aethelst. 14. ' And sethe ofer this fa j wyrce, tholige thera handa the
he thsBt false mid worhte.' ' Et si quis prauter hanc, falsam f3cerit, perdat
manum quacum falsam confecit.' LI. Cnuti. 8. It had been death by the LI.
Aethelredi sub fine. By those of H. 1. ' si quis cum false denario inventus
fuerit — fiat justitia mea, saltem de dextro pugno et de testiculis.' Anno 1108.
Operae pretium vero est audire quam severus rex fuerit in pravos. Monetarios
enim fere omnes totius Angliae fecit ementulari, et manus dextras abscindi,
quia monetam furtive corruperant. Wilkin s ib. et anno 1125. When the
Common law became settled, it appears to have been punishable by death.
' Est aliud genus criminis quod sub nomine falsi continetur, et tangit coronam
domini regis, et ultimum inducit supplicium, sicut de illis qui falsam fabricani
monetam, et qui de re non reproba, faciunt reprobam ; sicut sunt retonsores
denariorum. Bract. L. 3. c. 3. § 2. Fleta, L. 1. c. 22. § 4. Lord Hale thinks
it was deemed petty treason at common law. 1. H. P. C. 220. 224. The bring-
ing in false money with intent to merchandize, and make payment of it is
treason, by 25. E. 3. But the best proof of the intention, is the act of passing
it, and why not leave room for repentance here, as in otb'. cases of telor '■'»
intended!' 1. H. P C. 22^*.

t Clipping, filing, rounding, impairing, scaling, lightening, (the words in
the statutes) are included in ' diininishiug :' gildiny;, in the word * casing ;'

ing ;' and ialufying or marking, is ' counter-

washi

colouring in the word
feiting.'

X 43. El. c. 13. confined to four counties. 22. 23. Car. 2. c. 7. 9 G. 1. c. 22.
9. G. 3. c. 29.

§ Arson was a felony at Common law — 3. inst. 66 ; punished by a fine, LI.
Aethebt. 6. But LI. Cnuti, Gl. make it a ' scelus inexpiable.' ' Uus brcc and

128

If any person shall, within this Commonwealth, or being a citi-
zen thereof, shall without the same, wilfully destroy,* or runf
away with any sea-vessel, or goods laden on board thereof, or
plunder or pilfer any wreck, he shall be condemned to hard la-
bor five years in the public works, and shall make good tlie loss
of the sufferers threefold.

Whosoever committeth Robbery, J shall be condemned to hard
labor four years in the public works, and shall make double re-
paration to the persons injured.

Whatsoever act, if committed on any Mansion house, would be
deemed Burglary ,§ shall be Burglary, if committed on any other

bfernet and open thyflh and teberemorth and hiaford swice eefler wornld laga
is botleds.' Word for word, ' house break and burnt, and open theft, and
manifest murther, and lord-treachery, atlerworld's law is bootless ' Bracton
says it was punished by death. ' tSi qui? turbida seditione incendium fecerit
nequiter et in felonia, vel ob inimicitias, vel praedandi causa, capital! puniatur
poena vel sententia. Bract. L. 3. c. 27. He defines it as comrnissible by burn-
ing ' aedes alienas.' lb. Britton, c. 0. ' Ausi soil enquis de ceux que felonise-
ment en temps de pees eient autre blecs ou autre mesons ars, et ceux que ser-
rount de ceo atteyntz, soient ars issint que eax soient punys par mesme celo
chose dount ilz pecherent.' I'leta, L. I . c. 37. is a copy of Bracton. The Mir-
ror c. I. § 8. pays, 'Ardours sont que ardent citie, ville, maison home, maison
beast, ou auters chatelx, de lour felonie en temps de pace pour haine ou ven-
geance.' Again, c. 2. § 11. pointing out the words of the appellor ' jeo dise
que Sebright, &c. entiel meason ou Ineiis mist de feu.' Coke 3. Inst. 07. says,
* the antient authors extended this felony further than houses, viz. to stacks
of corn, Waynes or carts of coal, wood or other goods.' He defines it as
comrnissible, not only on the inset houses, parcel of the mansion house, but
the outset also, as barn, stable, cowhouse, sheep house, dairy house, mill
housie, and the like, parcel of the mansion house.' But' burning of a barn,
being no parcel of a mansion house, is no felony,' unless there be corn or hay
within it. lb. The 22. 23. Car. 2. and 9. G. 1 aro the principal statutes
against arson. They extend the offence beyond the Common law.

* 1. Ann. St. 2. c. 9. 12. Ann. c. 18. 4. G. 1. c. 12. 26. G. 2. c. 19.

t 11. 12. W. 3. c.7.

i Robbery was a felony at Common law. 3 Inst. 68. ' Scelus inexpiable,'
by the LI. Cnuti. 61. [See before in Arson.] It was punished with death.
Britt. c. 15, ' de robbours et de larouns et de semblables mesfesours, soit ausi
ententivement euquis— et taunlost soient ceux robbours juges a la mort.'
Fleta says, ' si quis convicius fuerit de bonis viri robbatis vel asportatis ad
sectam regis judicium capitale subibit. L. 1. c. 39. See also Bract. L. 3. c.
32. § 1.

§ Burglary was felony at the Common law. 3 Inst. 63. It was not distin-
guished by antient authors, except the Mirror, from simple House-breaking,
lb. 65. Burglary and House-breaking were called ' liamsockne diximus etiam
de pacis violatione et de immunitatibus domus. si quis hoc in posterum fecerit
ut perdat omne quod habet, et sit in regis arbitrio utrum vitam habeat. Eac
we queedon be mundbryce and be ham socnum, sethe hit ofer this do thsBt he
dolie calles thces the age, and sy on Cyningesdome hwsether he life age: and
we quoth of mound-broach, and of home-seeking he who it after this do, that
he dole all that he owe [owns], and is in king's doom whether he life owes
[owns.] LI. Eadmundi. c. 6. and see LI. Cnuti. 61. * hus brec,' in notes on
Arson, ante. A Burglar was also called a Burgessor. ' Et soit enquis de
Burgessours et sunt tenus Burgcssours trestous ceux que fclonisement en
temps de pees debrusont esglises ou auter mesons, ou mors ou portcs de nos

a citi-
runf
^of, or
ard la-
loss

niaison

19.

4.

1^29

house ; and be who is guilty of Burglary, shall be condomoed to
hard labor four years in die public works^ and shall make do^le
reparation to the persons injured. , '

Whatsoever act, if committed in the night time, shall ccmstitiite
Ae crime of Burglary, shall, if committed in the day, be deemed
House-breaking ;^ and whosoever is guilty thereof, shajl be con-
denuied to hard labor three years in tlie public works, and shall
make reparation to the persons injured.

Whosoever shall be guilty of Horse-stealing,f shall be ccmdemn-
ed tu hard labor three years in the public works, and ^all make
reparatk>n to the person injured.

Grand LarcenyJ shall be where the goods stolen are of the va-
lue of five dollars; and whosoever shall be guilty tliereof, shall be

cytes, ou de nos Burghcs.' Britt. c. 10. ' Burglaria est noctutna dirupUo
babitaculi alicujus, vel ccclcsiae, etiam rnuroruni, portarunive civitatis aut
burgi, ad feloniani aliquam porpetrandam. JVoctanter dico, recentiorM ■«•
cutug ; veteres enim boc non adjungunt. Spelm. gloes. verb. BorglarU. It
was punished with death. lb. citn. from the office of a tfoioner. It may be com-
mitted in the outset houses, as well as ineet, 3 Inst. 65. though not under
the same roof or contiguous, provided they be within the Curtilage or H<ome- '
stall. 4 Bl. 235. As by the Common law, all felonies were clergiable, tbe stat.
2.3 H. 8. c. 1. 5. E. 6." c. 9. and 18 El. c. 7. first distinguished them, by takinff
tbe clerical privilege of impunity from the principals, and 3. 4. W. M. c; 9.
from accessories before the fact. No statute defines what Burglary is. The
12 Ann. o. 7. decides the doubt whether, where breaking is subsequent to
oniry, it is Burglary. Bacon's Elements had affirmed, and 1. H. P. C. 554. had
denied it. Our bill must distinguish them by different degrees of punishment.

* At tbe Common law, the offence of Housebreaking was not distinguislied
from Burglary, and neither of them from any other larceny. Tbe statutes
at first took away clergy from Burglary, which made a leading distinction
between the two offences. Later statutes, however, have taken clergy from
so many cases of Housebreaking, as nearly to bring the offences together
again. These are 23 H. 8. c. 1 . I.E. 6. c. 12. 5 & G E. C. c. 9. 3 & 4. W. M.
c. 9. 39 El. c. 15. 10 & 11 W. 3. c. 23. 12 Ann. c, 7. See Barr. 428 4 Bl. 240.
The circumstances which in these statutes characterise the offence, «eem to
have been occasional and unsystematical. The houses on which Burglary
may be committed, and the circumstances which constitute that crime being
ascertained, it will be better to define Housebreaking by the same subject*
and circumstances, and let the crimes be distinguished only by the boxu at
which they are committed, and the degree of punishment.

t The offence of Horse-stealing seems properly distinguishable from other
larcenies, here, where these animals generally run at lar^e, the temptation
being so great and frequent, and the facility of commission so remarkable. ^
Seel E. 6, c. 12. 23 E. 6. c. 33. 31 El, c. 12. . #

t The distinction between grand and petty larceny, is very antient. At firet
8d. was the sum which constituted grand larcenjr. LI. Aethelst. c. 1. ' Ne
parcatur ulli furi, qui furtum manutenens captus sit. supra 12. annoo nato, et
supra 8. denarios.' Afterwards, in the same king's reign it was raised to 12d.
' non parcatur alicui furi ultra 12 denarios, et ultra 12 annos nato->ut oCcide-
muB ilium et capiamus omne quod p(>ssidet, et inprimis sumamus r^i furto
ablatae pretium ab haerede, ac difuridatuv postea reliquum in duas partes, una
pars uxori, si munda, et facinoris conscia non sit; et residuum in du0| dimi-
dium capiat rex, dimidium societas.' LI. Aethelst. Wilkins, p- 65.

VOL. I.

17

130

■^

forthwith put in the pillory for one half hour, shall be condemned
to hard labor^ two years in the public works, and shall make re-
paration to the person injured.

Petty Larceny shall be, where the goods stolen are of less value
than five dollars ; and whosoever shall be guiltv thereof, shall b#*
forthwith put in the pillory for a quarter of an hour, shall be con-
demned to hard labor one year in the public works, and shall make
reparation to the person injured.

Robberyf or larceny of bonds, biUs obligatory, bills of ex-
change, or promissory notes for the payment of money or tobacco,
lottery tickets, paper bills issued in the nature of money, or of
certificates of loan on the credit of this Commonwealth, or of all
or any of the United States of America, or Inspectors' notes for
tobacco, shall be punished in the same manner as robbery or lar-
ceny of the money or tobacco due on, or represented by such
papers.

BuyersJ and receivers of goods taken by way of robbery or
larceny, knowing them to have been so taken, shall be deemed
accessaries to such robbery or larceny after the fact.

Prison breakers^ also, shall be deemed accessaries after the
fact, to traitors or felons whom they enlarge from prison. ||

* LI. Inae. c. 7. ' Si quis furetur ita ut uxor ejun et infans ipsius nesciant,
Bolvat 60. solidos poenae loco. Si autem furetur testantibus omnibus haere-
dibus suis, abeant omnes in servitutem. ' Ina was king of the West-Saxons,
and begran to rei^n A. C. 688. Afler the union of the Heptarchy, i. e. temp.
Aethelst. inter 924 and 040, we find it punishable with death as above. So it
was inter 1017 and 1035, i e. temp, Cnuti. LI. Cnuti 61. cited in notes on Arson.
In the time of William the conqueror, it seems to have been made punishable
by fine only. LI. Gul. conq. apud Wilk. p. 218. 220. This commutation,
however, was taken away by LI. H. 1. anno 1108. < Si quis in furto vel latro-
cinio deprehensus fuisset, suspenderetur ; sublata wirgildorum, id est, pecu-
niarae redemptionis lege.' Larceny is the felonious taking and carrying away
of the personal goods of another. 1. As to the taking, the 3. 4. W. M. c. 9. §
5, is not additional to the Common law, but declaratory of ii ; because where
only the care or use, and not the possession, of things is delivered, to take them
was larceny at the Common law. The 33. H. 6. c. 1. and 21 H. 8. c. 7. indeed,
have added to the Common law, by making it larceny in a servant to convert
things of his master's. But qusere, if they should be imitated more than as to
other breaches of trust in general. 2. As to the subject of larceny, 4 G. 2. c.32.
6 G. 3. c. 36. 48. 43. El. c. 7. 15. Car. 2 c. 2. 23. G. 2. c. 26. 31. G. 2.c. 35. 9. G.
4p 3. c. 41. 25. G. 2. c. 10. have extended larceny to things of various sorts either
real, or fixed to the realty. But the enumeration is unsystematical, and in
this countrjr, where the produce of the earth is so spontaneous, as to have
rendered things of this kind scarcely a breach of civility or good manners, in
the eyes of the peopld, qurore, if it would not too much enlarge the field of Cri-
minal law .'' The same may be questioned of 9 G. 1. c. SS. 13 Caxi2. c. 10. 10 G.
2. c. 32. 5 G. 3. c. 14. 22 & 23 Car. 2. (^ 25. 37 E. 3. c. 19. making it felony to
steal animals fersB naturae. «

t 2 G. 2. c. 25 § 3. 7 G. 3. c. 50.

t 3. 4. W.M.c.9. §4. 5Ann. c. 31 §5. 4 G. 1. c. 11. § 1.

§ 1 E. 2.

II Breach of prison at the Common law was capital, without regard to the

and

• 131

AA attempts to delude the people, or to abuse their understand-
ing by exercise of the pretended arts of witchcraft, conjuration,
enchantment, or sorcery, or by pretended prophecies, shall be
punished by ducking and whipping, at the discretion of a jury,
not exceeding fifteen stripes.*

If tli.e principal offenders be fled,f or secreted from justice,
in any case not touching life or member, the accessaries may, not-
withstanding, be prosecuted as if their principal were convicted. J

crime for w' ich the part^ was committed. ' Cum pro criminis qualitate in
carcerem recepti fuerint, conspiriverint (ut ruptis vinculis aut fracto carcero)
evadant, umplius (quam causa pro qua rocepti sunt exposeit) puniendi aunt,
videlicet ultimo Bupplicio, quamvis ex eo crimine innocentes inveniantur,

Sroptur quod inducti sunt in carcerem et imparcati. Bracton L. 3. c. 9. § 4.
Iritt. c. 11. Fleta, L. 1. c. 2G. § 4. Yet in the Y. B. Hill. 1. H. 7. 2. Husaey
says, that by the opinion of Billing and Choke, and all the justices, it was a
felony in strangers only, but not in the prisoner himself. S. C. Fitz. Abr.
Coron. 48. They are principal felons, not accessaries, ib. Whether it was
felony in the prisoner at Common law, is doubted. Stam. P. C. 30. b. The Mirror
c. 5. § 1. says, ' abusion est a tener escape de prisoner, ou de bruserie del gaole
pur pcche mortell, car eel usage nest garrant per nul ley, ne in nul part est
use forsque in cest realme, et en France, eins [mais] est leu garrantie de ceo
faire per la ley de nature.' 2 Inst. 589. The stat. 1 E. 2 de frangontibus priso-
nara, restrained the Judgment oi life and limb for prison breaking, to cases
where the offence or the prisoner required such judgment.

It is not only vain, but wicked, in a legislator to frame laws in opposition
to the laws of nature, and to arm them with the terrors of death. This is
truly creating crimes in order to punish them. The law of nature impels
every one to escape from confinement ; it should not, therefore, be subjected
to punishment. Let the legislator restrain his criminal by walls, not by
parchment. As to strangers breaking prison to enlarge an offender, they
should, and may be fairly considered as accessaries after the fact. This bill
saying nothing of the prisoner releasing himself by breach of jail, he will have
the benefit of the first section of the bill, which repeals the judgment of life
and death at the Common law.

* Gif wiccan owwe wigleras nansworan, owwe inorthwyrhtan owwe fule
afylede robere horcwenan ahwhar on lande wurthan agytene, thoone fyrsie
man of earde, and clensie tha theode, owwe on earde forfare hi mid ealle,
buton hi geswican and the deeper gebetan : if witches, or weirds, man-
swearers, or murther-wroughters, or foul, defiled, open whore-queena, ay-
where in the land were gotten, then force them off earth, and cleanse the na-
tion,'or in earth forth-fare them withal, buton they beseech, and deeply better.
LI. Ed. et Guthr. c. 11. ' Sagae, mulieres barbara factitantes sacrincia, aut
pestiferi, si cui mortem intulerint, neque id inficiari poterint, capitis poena
esto.' LI. Aethelst. c. 6. apud Lamhard. LI. Aelfr. 30. LI. Cnuti. c. 4.
' Mesme col jugement (d'etrears) eyent sorcers, et sorceresses, &c. ut supra.
Fleta ut et ubi supra. 3 Inst. 44. Trial of witches before Hale in 1664.
The statutes 33 H. 8. c. 8. 5. El. c. 16 and 1. Jac. 1 c. 12. seem to be only in
confirmation of the Common law. 9 G. 2. c. 25. punishes them with pillory,
and a year's imprisonment. 3 E. 6. c. 15. 5 El. c. 15. punish fond, fantastical
and false prophecies, by fine and imprisonment.

1 I Ann. c. 9. §2.

t As every treason includes within it a misprision of treason, so evety fe-
lony includes a misprision, or misdemeanor. 1 Hale P. C. 652. 708. * Licet
fuerit felonia, tamen in eo continetur misprisio.' 2 R. 3 10. Both principal and
accessary, therefore, may be proceeded against in any case, either for felony,
or misprision, at the Common law. Capital cases not being mentioned heie,
accessaries to them will of course bo triable for misprisions, if the offender flies.

1312

If tony (^fender stand mute of obstinacy,* or chDliAn)i;e peremp-
torilv more of the jurors than by law he may, being first varned
of the consequence thereof, tiie court shall proceed as if hn had
confessed the charge. f

Pardon and Privilege of clergy, shall henceforth be abolished,
that none may be induced to injure tiirough hope of impunity.
But if the verdict be against the defend&nt, and the court before
whom the offence is heard and determined, shall doubt that it may
be untrue for defect of testimony, or other cause, they may direct
a new trial to be had.];

* 3E.1.C. la.

t Whether thejudgment of penance la at Common lav. See 3 Inat. 178. 2
H. P. C. 321. 4 B[. S^. It was given on standing mute : but on challenging
more than the legal number, whether that sentence, or sentence of death is to
be given, seems doubtful. 2 H. P. C. 31G. Quaere, whether it would not be bet-
ter to consider the supernumerary challenge as merely void, and to proceed in
the trial f Quaere too, in case of silence .'

X * Cum Clericus sic de criraine convictus degradetur, non seciuitur alia poe-
na pro uno delicto, vel pluribus ante degradatiunem perpetratis. Satis enim
Bufficit ei pro poena dc^radatio, quae est magna capitis diminutio, nisi forte
convictus fuerit de apostatia, quia hinc primo degradetur, et postea per manum
taicalem comburetur, secundum quod accidit m concilio Oxoni celebrato a
bonae memoriae S. Cantuanen. Archiepiscopo de ^uodam diacono, qui se apos-
tatavit pro qiiadam Judaea ; qui cum esset per episcopum degradatus, statim
fuit igni traditus per manum laicalem.' Bract. L. 3. c. 9. § 3. ' Et mesme eel
jugement (i. e. qui ils soient ars) eyent sorcers et sorceresses, et sudomites et
mescreauntz apertement atteyntz. Britt. c.9. ' Christiani autem Apostatae,
sortilegii, et hujusmodi detractari debent et comburi.' Fleta, L. 1. c. 37. § 2.
see 3. fnst. 39. 12. Rep. 92. 1. H. P. C. 393 The extent of the clerical privi-
lege at the Common law, 1. As to the crimes, seems very obscure and uncer-
tarn. It extended to no case where the judgment was not of life, or limb.
Note in 2. H. P. C. 320. This therefore excluded it in trespass, petty larceny,
or killing se defendendo. In high treason against the person of the King, it
seems not to have been allowed. Note 1- H. P. C. 185. Treasons, therefore,
not against the King's person immediately, petty treasons and felonies, seem
to have been the cases where it was allowed ; and even of those, not for insi-
diatio viarum, depopulatio agrorum, or combustio domorum. The statute de
Cl<ero, 25. E. 3. st. 3. c. 4. settled the law on this head. 2. As to the persons,
it extended to all clerks, always, and toties quoties. 2. H. P. C. 374. To nuns
tiltb. fitz. Abr. Corone. 461.22. £. 3. The clerical habit and tonsure were
considered as evidence of the person being clerical. 26. Assiz. 19. 20. E. 2.
Fitz. Corone. 233. By the 9. E. 4. 28. b. 34. H. 6. 49 a. b. simple reading be-
came the evidence. This extended impunity to a great number of laymen,
4mA toties quoties. The stat. 4. H. 7. c. 13. directed that real clerks snould,
flpon a second arraignment, produce their orders, and all others to be burnt in
t^e hand with M. or T. on the first allowance of clergy, and not to be admitted
to it a second time. A heretic, Jew, or Turk (as being incapable of orders^
could not have clergy. 11. Co. Rep. 29. b. But a Greek, or other alien, read-
ing in a book of his own country, might. Bro. Clergie. 20. So a blind man,
if ne could speak Latin. lb. 21. qu. 11. Rep. 29. b. The orders entitling the
party, were bishops, priests, deacons and subdeacons, the inferior being reck-
oned Clerici in minoribua. 2. H. P. C. 373. Quaere, however, if this distinction
is not founded on the stat. 23. H. 8. c. 1. 25. H. 8. c. 32 By merely dropping
all the fitatutes, it should seem that none but clerks would be entitled to this
privilege, and that they would, totiei quoties.

133

No attainder shall work corruption of blood in any case.

In all cases of forfeiture, the widow's dower shall be saved to
her, during her tide thereto ; after which it shall be disposed of
as if no sucii saving had been.

The aid of Counsel,* and examination of their witnesses on
oath, shall be allowed to defendants in criminal prosecutions.

Slaves guilty of any crffencef punishable in others by labor in
the public works, shall be transported to such parts in the West
Indies, South America, or Afnca, as the Governor shall direct,
there to be continued m slavery.

[Note F.]

Ab/e«, on the establishment of a Money Unity and of a Coinage

for the United States,

In fixing the Unit of Money, these circumstances are of prin-
cipal importance.

I. That it be of convenient size to be applied as a measure to
the common money transactions of life.

II. That its parts and multiples be in an easy proportion to
each other, so as to facilitate the money arithmetic.

III. That the Unit and its parts, or divisions, be so nearly of the
value of some of the knoum coins, as that they may be of easy adop-
tion for the people.

The Spanish Dollar seems to fulfil all tliese conditions.

I. Taking into our view all money transactions, great and small,
I question if a common measure of more convenient size than the
Dollar could be proposed. The value of 100, 1000, 10,000 dol-
lars is well estimated by the mind ; so is that of the tenth or the
htlindredth of a dollar. Few transactions are above or below these
limits. The expediency of attending to the size of tlie Money
Unit will be evident, to any one who will consider how inconve-
nient it would be to a manufacturer or merchant, if, instead of the
yard for measuring cloth, either the inch or the mile had been
made the Unit of Measure.

II. The most easy ratio of multiplication and division, is that by
ten. Every one knows the facility of Decimal Arithmetic. Every
one remembers, that, when learning Money-Arithmetic, he used
to be puzzled with adding the farthings, taking out the fours and

* 1. Ann. c. 9.

t ManHlaughter, counteifeiting, arson, asportation of vessels, robbery, bur-
glary, housebreaking, horsestealing, larceny.

184

carrying them on ; adding the pence, taking out the twelves and
carrying them on ; adding the shillings, taking out the twenties and
carrying them on ; but when he came to the pounds, where he had
only tens to carry forward, it was easy and free from error. The
bulk of mankind are school-boys through life. These little per-
plexities are always great to them. And even mathematical heads
feel the relief of an easier, substituted for a more difficult process.
Foreigners, too, who trade or travel among us, will find a great
facility in understanding our coins and accounts from this ratio of
subdivision. Those who have had occasion to convert tlie Livres,
sols and deniers of the French ; the Gilders, stivers and frenings
of the Dutch ; tlie Pounds, shillings, pence and farthings of these
several States, into each other, can judge how much they would
have been aided, had their several subdivisions been in a decimal
ratio. Certainly, in all cases, where we are free to choose between
easy and difficult modes of operation, it is most rational to choose
the easy. The Financier, therefore, in his report, well proposes
that our Coins should be in decimal proportions to one another.
If we adopt the Dollar for our Unit, we should strike four coins,
one of gold, two of silver, and one of copper, viz.

1. A golden piece, equal in value to ten dollars :

2. The Unit or Dollar itself, of silver :

3. The tenth of a Dollar, of silver also :

4. The hundredth of a dollar, of copper.

Compare the arithmetical operations, on the same sum of mo-
ney expressed in this form, and expressed in the pound sterling
and its divisions.

Addition.

£ 8. d. qrs. Dollars.
8 13 11 1-2 = 38.65
4 12 8 3-4 = 20.61

£ s. d. qrs. Dollars.
Subtraction. 8 13 11 1-2 =: 38.(55
4 12 8 3-4 = 20.61

13 6 8 1-4 = 59.26

Multiplication by 8.

£ s. d. qrs. Dollars.

8 13 11 1-2 = 38,65
20 8

4 1 2 3-4 = 18.04

Division by 8.
£ s. d. qrs. Dollars.
8 13 11 1-2 = 8) 38.65
20 4.83

173
13

$309

20

173
19

2087
4

2087
4

6350

8

•

8 J 8350
4) 1043
12 1 200 3-4
20 J 21 8 3-4
£1 1 8 3-4

4 J 66.800
12 J 16700
20 J 1391 8
£69 11 8

-^*9-'

186

A bare inspection of the above operations, will evince the labor
which is occasioned hy subdividing tJie Unit into 20th8, 240th8
and 960ths, as tlie English do, and as uu have done ; and the ease
of subdivision in a decimal ratio. The same difference arises in
making payment. An Englishman, to pay £8 13s. lid. 1-2 qrs.
must find, by calculation, what combination of the ccuns of his
country will pay this sum ; but an American, having tlie same sum
to pay, thus expressed $38.65, will know, by inspection only, that
three golden pieces, eight units or dollars, six tentlis and five cop-
pers, pay it precisely.

III. The third condition required is, that the Unit, its multiples,
and subdivisions, coincide in value witli some of the known coins
so nearly, tliat the people may, hy a quick reference in the mind,
estimate their value. If this be not attended to, tliey will be very
long in adopting the innovation, if ever they adopt it. Let us ex-
amine, in this point of view, each of the four coins proposed.

1. The golden piece will be 1-5 more than a half joe, and
1-15 more than a double guinea. It will be readily estimated,
tlien, by reference to either of tliem ; but more readily and accu-
rately as equal to ten dollars.

2. Tlie Unit or Dollar, is a known coin, and the most familiar
of all, to tlie minds of the people. It is already adopted from South
to North ; has identified our cm rency, and therefore happily offers
itself as a Unit already introduced. Our public debt, our requi-
sitions, and their apportionments, have given it actual and long
possession of the place of Unit. The course of our commerce, too,
wiU bring us more of this than of any other foreign coin, and there-
fore renders it more worthy of attention. I know of no Unit which
can be proposed in competition with the Dollar, but the Pound.
But what is the Pound ? 1 547 grains of fine silver in Georgia ;
1289 grains in Virginia, Connecticut, Rhode Island, Massachusetts
and New Hampshire ; 1031 1-4 grains in Maryland, Delaware,
Pennsylvania and New Jersey ; 966 3-4 grains in North Carolina
and New York. Which of these shall we adopt ? To which State
give that pre-eminence of which all are so jealous? And on which
impose the difficulties of a new estimate oi their corn, their cattle,
and other commodities ? Or shall we hang the pound sterling, as a
common badge, about all their necks? This contains 1718 3-4
grains of pure silver. It is difficult to familiarise a new coin to the
people ; it is more difficuh to familiai'ise them to a new coin with
an old name. Happily, the Dollar is familiar to them all, and is
already as much referred to for a measure of value, as Uieir re-
spective provincial pounds.

3. Tlie teiitli will be precisely tlie Spanish bit, or half piste-

136

^reen. This is a coin perfectly familiar to us all. When we shall
make a new coin, then, equal in value to this, it will be of ready
estimate with the people.

4. The hundredth, or copper, will differ little from the copper
of the four Eastern States, which is 1-108 of a dollar ; still less
from the penny of New York and North Carolina, which is 1-96
of a dollar; and somewhat more from the penny or copper of
Jersey, Pennsylvania, Delaware and Maryland, wiuch is 1-90 of a
dollar. It will be about the medium between the old and the new
coppers of these States , and will therefore soon be substituted for
them both. In Virginia, coppers have never been in use It will
be as ea^, therefore, to hitroduce them there of one value as of
another. The copper coin proposed, will be nearly equal to three
fourths of their penny, which is the same with the penny lawful of
the Eastern States.

A great deal of small change is useful in a State, and tends to
reduce the price of small articles. Perhaps it would not be amiss
to coin three more y eces of silver, one of the value of five tenths,
or half a dollar, one of the value of two tenths, which would be
equal to the Spani sh pistereen, and one of the value of five cop-
pers, which would be equal to ihe Spanish half bit. We should
ihen have five silver coins, viz.

1. The Unit or Dollar :

2. The half dollar or five tenths ;

3. The double tenth, equal to .2, or ono fiftli of a dollar, or
to the pistereen :

4. The tenth, equal to a Spanish bit :

5. The five copper piece, equal to .5, or one twentieth of a
dollar, or the half-bit.

The plan repo-ted by the Financier is worthy of his sound judg-
ment. It admits, however, of obje*^ 'on, in the size of tlie Unit.
He proposes that this shall be tlie 1440iii part of a dollar : so tliat
it will require 1440 of his units to make the one before proposed.
He was led to adopt this by a mathematical attention to our old
cunencies, all of which this Unit will measure without leaving a
firacnon. But as our object is to get rid of those currencies, the
advantage derived from this coincidence will soon be past, whereas
the inconveniences of this Unit will for ever remain, if they do not
altogether prevent its introduction. It is defective in two of the
three requisues of a Money Unit. 1 . It is inconvenient in its ap-
plication to the ordinary money transactions. 10,000 dollars will
require eight figures to express them, to wit, 14,400,000 units. A
horse or bullock of eighty doDars value, will require a notation of
six figures, to wit, 115,200 units. As a money of account, tliis

sary, to
pockets
by Sir
in the
dwt. ;
18 to 1
though
The
plate sh
controll
indifierc
of fumi
that of
This pr
coin, a
metals
will be
indeed,
opposec
vo

137

will be laborious, even when facilitated by tlie aid of decimal
arithmetic : as a common measure of the value of property, it will
be too minute to be comprehended by the people. Tlie French
are subjected to very laborious calcplations, the Livre being their
ordinary money of account, and this but between l-5th and l-6th
of a dollar ; but what will be our labors, should our money of ac-
count be l-1440th of a dollar only ? 2. It is neitlier equal, nor
near to any of the known coins in value.

If we determine tliat a Dollar shall be our Unit, we must tlien
say with precision what a Dollar is. This coin, as struck at diffe-
rent times, of different weights and fineness, is of different values.
Sir Isaac Newton's essay and representation to the Lords of the
Treasury, in 1717, of those which he examined, make their va-
lues as follows :

dwtB. gre.
17—12 containing 387 grains of pure silver.
17—10 5-9 . 385 1.2
. 17-9 . 385 3-4

14— . . 308 7.10

The Seville piece of eiglit
The Mexico piece of eight
The Pillar piece of eight
The new Seville piece of eight

The Financier states tlie old Dollar as containing 376 grains of
fine silver, and the new 365 grains. If the Dollars circulating
among us be of every date equally, we should examine the quan-
tity of pure metal in each, and from them form an average for our
Unit. This is a work proper to be committed to mathematicians
as well as merchants, and wliich should be decided on actual and
accurate experiment.

The quantum of alloy is also to be decided. Some is neces-
sary, to prevent the coin from wearing too fast ; too much, fills our
pockets with copper, instead of silver. The silver coin assayed
by Sir Isaac Newton, varied from 1 1-2 to 76 pennyweights alloy,
in the pound troy of mixed metal. The British standard has 18
dwt. ; the Spanish cmns assayed by Sir Isaac Newton> have from
18 to 19 1-2 dwt. ; the new French crown has in fact 19 1-2,
though by edict, it should have 20 dwt., that is 1-12.

The taste of our countrymen will require, that their furniture
plate should be as good as the BriUsh standard. Taste cannot be
controlled by law. Let it then give the law, in a point which is
indifierent to a certain degree. Let the Legislatures fix the alloy
of furniture plate at 18 dwt., the British standard, and Congress
that of their coin at one ounce in the pound, the French standard.
This proportion has been found convenient for the alloy of gold
coin, and it will simplify the system of our mint to alloy both
metals in the same degree. The coin too, being the least pure,
will be the less easily melted into plate. These reasons are light,
indeed, and, of course, will only weigh, if no heavier ones can be
opposed to them.

TOL. I.

18

138

The proportion between the values of gold and silver, is a mer-
cantile problem altogether. It would be inaccurate to fix it by
the popular exchanges of a half Joe for eight dollars, a Louis for
four French crovras, or five Louis for twenty-three dollars. The
first of these, would be to adopt the Spanish proportion between
gdd and silver ; the second, the French ; the third, a mere popular
barter, wherein convenience is consulted more than accuracy.
The legal proportion in Spain is 16 for 1 ; in England, 15 1-2 for
1 ; in France, 15 for 1. The Spaniards and English are found,
in experience, to retain an over proportion of gold coins, and to lose
their silver. The French have a greater proportion of silver.
The difference at market has been on the decrease. Tlie Finan-
cier states it at present, as at 14 1-2 for one. Just principles wiU
lead us to disregard legal proportions altogether ; to enquire into
the market price of gold, in the several countries with which we
shall principally be connected in commerce, and to take an average
from them. Perhaps we might, with safety, lean to a proportion
somewhat above par for gold, considering our neighborhood, and
commerce with tlie sources of the coins, and tlie tendency which
the high price of gold in Spain has, to draw thither all that of their
mines, leaving silver principally for our and other markets. It is
not impossible tliat 15 for 1, may be found an eligible proportion.
I state it, however, as a conjecture only.

As to the alloy for gold coin, the British is an ounce in the
pound ; the French, Spanish, and Portuguese differ from that,
only from a quarter of a grain, to a grain and a half. 1 should,
therefore, prefer the British, merely because its fraction stands in
p. more simple form, and facilitates the calculations into which it
enters.

Should the Unit be fixed at 365 grains of pure silver, gold at
15 for 1, and the alloy of both be one twelfth, the weights of the
coins will be as fQl)&ws.

Grains. Grains. dwt. Grains.

The Golden piflMeoHiiining 943 1-3 of pure metal, 2S.12 of alloy, will weigh 11—1.45

Tlie Unit or Drttar, .365 . . 33.18 . . 16-14.18

The half dollar, or five tenths, 1891-2 . . 16.59 . . . 8—7.09

The Afth, or Pkrtereen, . 7a . . 6.63 . . 3— 7.G3

The tenth, or Bit, . ?8 1-3 . . 3.318 . . . 1—15.818

The twentieUi, or hah* Bit, 161-4 . . 1.659 . . 19.9

The quantity of fine silver which shall constitute the Unit, being
settled, and the proportion of the value of gold, to that of silver ;
a table should be formed from the assay before suggested, classing
the several foreign coins according to their fineness, declaring the
worth of a pennyweight or grain in each class, and that they shall
be lawful tenders at those rates, if not clipped or otherwise di-
minished ; and, where diminished, offering their value for them at
the mint, deducting the expense of re-coinage. Here the Legisla-

139

tures should co-operate with Congress, in providing that no money
be received or paid at tlieir treasuries, or by any of their officers,
or aay bank, but on actual weight ; in inakuig it criminal, in a high
degree, to diminish their own coins, and, in some smaller degree,
to offer them in payment when diminished.

That this subject may be properly prepared, and in readiness
for Congress to take up at their meeting in November, something
must now be done. The present session drawing to a close, they
probably would not choose to enter far into this undertaking them-
selves. The Committee of the States, however, during the recess,
will have time to digest it thoroughly, if Congress will fix some
general principles f<^r their government. Suppose they be in-
structed.

To appoint proper persons to assay and examine, with the ut-
most accuracy practicable, the Spanish milled dollars of different
dates, in circulation with us.

To assay and examine, in like manner, the fineness of all the
other coins which may be found in circulation within these states.

To report to the Committee the result of these assays, by them
to be laid before Congress.

To appoint, also, proper persons to enquire what are the propor-
tions between the values of fine gold, and fine silver, at the
markets of the several countries with which we are, or probably
may be, connected in commerce ; and what would be a proper
proportion here, having regard to the average of their values at
those markets, and to other circumstances, and to report the
same to the Committee, by them to be laid before Congress.

To prepare an Ordinance for establishing the Unit of Money
witliin these States ; for subdividing it ; and for striking coins of
gold, silver, and copper, on the following principles.

That the Money Unit of these States, shall be equal in value to
a Spanish milled dollar containing so much fine silver as the assay,
before directed, shall shew to be contained, on an average, in dol-
lars of the several dates in circulation witli us.

That this Unit shall be divided into tenths and hundredths ; that
there shall be a coin of silver of the value of a Unit ; one other
of the same metal, of the value of one tenth of a Unit ; one other
of copper, of the value of the hundredth of a Unit.

That there shall be a coin of gold of the value of ten Units,
according to the report before directed, and the judgment of the
Committee thereon. *.

That the alloy of the said coins of gold and silver, shall be
equal in weight to one eleventh part of the fine metal.

That there be proper devices for these coins.

140

That measures he proposed for preventing their diminuticMi,
and also their curre>.cy, and that of any others, when diminished.

That the several foreign coins he described and classed in the
said Ordinance, the fineness of each class stated, and its value by
weight estimated in Units and decimal parts of Units.

And that the said draught of an Ordinance be reported to Con-
gress at tlieir next meeting, for their consideration and determi-
nation.

Supplementary Explanations.

The preceding notes having been submitted to the considera-
tion of the Financier, he favored me with his opinior and obser-
vations on them, which render necessary the following ^ipplemen-
taiy explanations.

I observed, in the preceding notes, that the true proportion of va-
lue betwee' . gold and silver was a mercantile problem altogether,
and that, p "i" laps, fifteen for one, might be found an eligible propor-
tion. The Financier is so good as to inform me, that this would
be higher than the market would justify. Confident of his better
information on tliis subject, I recede from that idea.*

He also informs me, that the several coins, in circulation among
us, have been already assayed with accuracy, and the result pub-
lished in a work on that subject. The assay of Sir Isaac Newton
had superseded, in my mind, the necessity of this operation as to
the older coins, which were the subject of'^his examination. This
later work, with equal reason, may be considered as saving the
same trouble as to the latter coins.

So far, then, I accede to the opinions of the Financier. • On the
other band, he seems to concur with me, in thinking his smallest
fractional divisio" too minute for a Unit, and, therefore, proposes
to transfer that denomination to his largest silver coin, containing
1000 of the units first proposed, and worth about 4s. 2d. lawful, or
25-36 of a Dollar. The only question then remaining between us
is, whether the Dollar, or this coin, be best for the Unit. We both
agree that the ease of adoption vnth the people, is the thing to be
aimed at.

1. As to the Dollar, events have overtaken and superseded the

* In a newspaper, which frequently gives good details in political economy,
I find, under tiie Hamburgh head, that the present market price of Gold and
Silver is, in England, 15!5 for 1: in Russia, 15: in Holland, 14.75: in Sa-
voy, 14.6 : in France, 14.42 : in Spain, 14.3 : in Germany, 14.155 : the ave-
rage of which is 14.(375 or 14 5-8. I would still incline to give a litte more
than the market price ibrgold, because of its superior convenience in trans-
portation.

cases.

141

question. It is no longer a doubt whether the people can adopt
it with ease ; they heve adopted it, and will have to be turned oi^t. of
that, into anotlier tract of calculation, if another Unit be assumed.
They have now two Units, which they use with equal facility, viz.
the round of their respective state, and the Dollar. The first of
these is peculiar to each state : the second, happily, cotximon to
all. In each state, the people have an easy rule for converting
the pound of their state into dollars, or dollars into pounds ; and
this is enough for them, without knowing how this may be done in
every sta^e of the union. Such of them as live near enough the
borders of their state to have dealings with their neighbors, learn
also the rule of their neighbors : thus, in Virginia and the Eastern
States, where the dollar is 6s. or 3-10 of a pound, to turn pounds
into dollars, they multiply by 10, and divide by 3. To turn dol-
lars into pounds, they muluply by 3, and divide by 10. Those
in Virginia who live near to Carolina, where the dollar is 8s. or
4-10 of a pound, I'^am the operation of that state, which is a mul-
tiplication by ^, and division by 10, et e converso. Those who
live near Maryland, where the dollar is 7s. 6d. or 3-8 of a pound,
multiply by 3, and divide by 8, et e converso. All these opera-
tions are easy, and have been found, by experience, not too much
for the aridimetic of the people, when they have occasion to con-
vert their old Unit into dollars, or the reverse.

2. As to the Unit of the Financier ; in the States where the dol-
lar is 3-10 of a pound, this Unit will be 5-24. Its conversion
into the pound then, will be by a multiplication by 5, and a divi-
sion by 24. In the states where the dollar is 3-8 of a pound,
this Unit will be 25-96 of a pound, and the operation must be to
multiply by 25, and divide by 96, et e converso. Where the
dollar is 4-10 of a pound, this Unit will be 5-18. The simplicity
of the fraction, and of course the facility of conversion and recon-
version, is therefore against this Unit, and in favor of the dollar, in
every instance. The only advantage it has over the dollar, is, that
it will in every case express our farthing without a remainder ;
whereas, though the dollar and its decimals will do this in many
cases, it will not in all. But, even in these, by extending your
notation one figure farther, to wit, to tliousands, you approximate
to perfect accuracy within less than the two thousandth part of a
dollar ; an atom in money which every one would neglect. Against
this single inconvenience, tiie other advantages of the dollar are
more than sufficient to preponderate. This Unit will present to
the people a new coin, and whether they endeavor to estimate its
value by comparing it with a Pound, or witli a DoUar, the Units
they now possess, they will find the fraction very compound, and

142

of course less accommodated to their comprehension and habits
than the dollar. Indeed the probability is, that tliey could never
be led to compute in it generally.

The Financier supposes that the 1-100 of a dollar is not suffi-
ciently small, where the poor are purchasers or vendors. If it is not,
make a smaller coin. But I suspect that it is small enough. Let
us examine facts, in countries where we are acquainted with them.
In Virginia, where our towns are few, small, and of course their
demand for necessaries very limited, we have never yet been able
to introduce a copper coin at all. The smallest coin which any
body will receive there, is the half-bit, or 1-20 of a dollar. In
those states where the towns are larger and more populous, a
more habiti:al barter for small wants, has called for a copper coin of
1-90 or 1-96 or 1-108 of a dollar. In England, where the towns
are many and populous, and where ages of experience have ma-
tured the conveniences of intercoiirse, they have found that some
wants may be supplied for a farthmg, or 1-208 of a dollar, and
they have accommodated a coin to this want. This business is
evidently progressive. In Virginia, we are far behind. Li some
other states, they are further advanced, to wit, to the appreciation
of 1-90, 1-96, 1-108 of a dollar. To this most advanced state, then,
I accommodated my smallest coin in the decimal arrangement, as a
money of payment, corresponding with the money of account. I
have no doubt the time will come when a smaller coin will be
called for. When that comes, let it be made. It will probably
be the half of the copper I propose, that is to say 5-1000 or .005
of a dollar, this being very nearly the farthing of England. But
it will be time enough to make it, when the people shall be ready
to receive it.

My proposition then, is, that our notation of money shall be de-
cimal, descending ad libitum of ttie person noUng ; that the Unit
of this notation shall be a Dollar ; that coins shall be accommoda-
ted to it from ten dollars to the hundreth of a dollar ; and that, to
set this on foot, tlie resolutions be adopted which were proposed
in the notes, only substituting an enquiry into the fineness of the
coins in lieu of an assay of them.

[Note G.]

I have sometimes asked myself, whether my country is the
better for my having lived at all ? I do not know that it is. I have
been the instrument of doing the following things ; but they would
have been done by others ; some of them, perhaps, a little better.

143

The Rivanna had never been used for navigati(Hi ; scarcely an
empty canoe had ever passed down it. Soon after I came of age,
I examined its obstructions, set on foot a subscription for removing
them, got an Act of Assembly passed, and the thing effected, so as
to be used completely and fully for carrying down all our produce.

The Declaration of Independence.

I proposed tlie demoliuon of the Church establishment, and tlie
freedom of religion. It could only be done by degrees ; to wit,
the Act of 1776, c. 2. exempted dissenters from contributions
to the Church, and left the Church clergy to be supported by vo-
luntary contributions of their own sect ; was continued from year
to year, and made perpetual 1779, c. 36. I prepared tlie act
for religious freedom in 1777, as })art of the revisal, which was
not reported to the Assembly till 1 779, and lliat particular law not
passed till 1785, and tlien by llie efforts of Mr. Madison.

The act putting an end to entails.

The act prohibiting tlie importation of slaves.

The act concerning citizens, and establishing the natural right
of man to expatriate himself, at will.

The act changing the course of descents, and giving tlie inheri-
, tance to all the children, he. equally, I drew as part of the revisal.

The act for apportioning crimes and punishments, part of the
same work, I drew. When proposed to the legislature, by Mr.
Madison, in 1785, it failed by a single vote. G. K. Taylor after-
wards, in 1796, proposed tlie same subject ; avoiding tlie adoption
of any part of the diction of mine, the text of which had been
studiously drawn in the technical terms of die law, so as to give
no occasion for new questions by new expresions. When I drew
mine, public labor was thought the best punishment to be substi-
tuted for death. But, while I was in France, I heard of a society
in England, who had successfully introduced solitary confinement,
and saw the drawing of a prison at Lyons, in France, formed on
the idea of solitary confinement. And, being applied to by the
Governor of Virginia for the plan of a Capitol and Prison, I sent
him the Lyons plan, accompanying it witli a drawing on a smaller
scale, better adapted to our use. This was in June, 1786. Mr.
Taylor very judiciously adopted this idea, (which had now been
acted on in Philadelphia, probably from Uie English model) and
substituted labor in confinement, to the public labor proposed by
the Committee of revisal ; which themselves would have done, had
they been to act on tlie subject again. The public mind was ripe
for this in 1796, when Mr. Taylor proposed it, and ripened chiefly
by the experunent in Philadelphia ; whereas, in 1785, when it had
been proposed to our Assembly, they were not quite ripe for it.

144

In 1789, and 1790, 1 had a great number of olive plants, of the

best kind, sent from Marseilles to Charleston, for South Carolina

' and Georgia. They were planted, and are flourishing ; and,

though not yet multiplied, they will be the germ of that cidtivation

in those States.

In 1790, 1 got a cask of heavy upland rice, from the river Den-
bigh, in Africa, about lat. 9*^ 30' North, which I sent to Charles-
ton, in hopes it might supercede the culture of tlie wet rice, which
renders South Carolina and Georgia so pestilential through the
summer. It was divided, and a part sent to Georgia. I know
not whether it has been attended to in South Carolina ; but it has
spread in the upper parts of Georgia, so as to have become almost
general, and is highly prized. Perhaps it may answer in Tennes-
see and Kentucky. The greatest service which can be rendered
any country is, to add an useful plant to its cuhure ; especially, a
bread grain ; next in value to bread is oil.

Whether the Act for the more general diffusion of knowledge
will ever be carried into complete effect, I know not. It was re-
ceived, by the legislature, with great enthusiasm at first ; and a
small ef&rt was made in 1796, by the Act to establish public schools,
to carry a part of it into effect, viz. that for the establishment of
free English schools ; but the option given to the courts has de-
feated the intention of the Act.^

[Note H.]

Sir,

New York, October 13, 1789.

In the selection of characters to fill the important offices of
Government, in the United States, I was naturally led to contem-
plate the talents and dispositions which I knew you to possess and
entertain for the service of your country ; and without being able
to consult your inclination, or to derive any knowledge of your in-
tention from your letters, either to myself or to any other of your
friends, I was determined, as well by motives of private regard,
as a conviction of public propriety, to nominate you for the De-
partment of State, which, under its present organization, involves
many of the most interesting objects of the Executive authority.

[* It appears, from a blank space at the bottom of this paper, that a continu-
ation had been intended. Indeed, from the loose manner in which the above
notes are written, it may be inferred, that they were originally intended a«
memoranda only, to be used in some more permanent form.]

145

of

But grateful as your acceptance of this commision would be to me,
I am, at the same time, desirous to accommodate your wishes, and
I have, tlierefore, forborne to nominate your successor at the court
of VersaiUes, until I should be informed of your determination.

Being on the eve of a journey tlirougli tlie Eastern States, with
a view to observe the situation of the country, and in a hope of per-
fectly re-establishing my health, which a series of indispositions has
much impaired, I have deemed it proper to make this communi-
cation of your appointment, in order, that you might lose no time,
should it be your vruh to visit Virginia during the recess of Con-
gress, which will probably be the most convenient season, both as
it may respect your private concerns, and the public service.
' Unwilling, as I am, to interfere in the direction of your choice
of assistants, I shall only take the liberty of observing to you, that,
from warm recommendations which I have received in behalf of
Roger Alden, Esq. assistant Secretary to the late Congress, I have
placed all the papers thereunto belonging, under his care. Those
papers which more properly appertain to the office of Foreign Affairs,
are under the superintendence of Mr. Jay, who has been so oblig-
ing as to continue his good offices, and they are in the immediate
charge of Mr. Remsen.

With sentiments of very great esteem and regard,
I have the honor to be, Sir,

Your most obedient servant,

George Washington.
The Honorable Thomas Jefferson.

I take this occasion to acknowledge the receipt of your several
favors, of the 4th and 5th of December of the last, and 10th of
May of the present year, and to thank you for tlio communica-
tions therein. G. W.

New York, November 30, 1789.

Dear Sir,

You will perceive by the enclosed letter, (which was left for
you at the office of Foreign Affairs, when I made a journey to
the Eastern States,) the motives, on which I acted with regard to
yourself, and the occasion of my explaining them at that early
period.

Having now reason to hope, from Mr. Trumbull's report, that
you will be arrived at Norfolk before this time, (on which event I
would most cordially congratulate you) and having a safe convey-

VOL. I. 19

146

ancc by Mr. Griffin, I forward your commission to Virginia ; with
a request to be made acquainted with your sentiments as soon as
you shall find it convenient to communicate them to me.
With sentiments of very great esteem and regard,
I am, dear sir,

Your most obedient humbJ ervant,

Geo%j-'5 Washington.
The Honorable Thomas Jefierson.

CORRESPONDENCE.

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LETTER I.

TO DR. WILLIAM SMALL.

May 7, 177.-..

Deau Sir,

Witliiii tliis week wo have received the unhappy news of an ac-
lion of considerable magnitude, between the King s troops and our
bretliren of Boston, in wliich it is said, five hundred of tlie former,
with tlie Earl of Percy, are slain. Tliat such an action has oc-
curred, is undoubted, though perhaps the circumstances may not
have reached us with truth. Tliis accident has cut off our last
hope of reconciliation, and a phrenzy of revenge, seems to have
seized all ranks of people. It is a lamentable circumstance, tliat
tlie only mediatory power, acknowledged by both parties, instead'
of leadmg to a reconciliation his divided people, should pursue
the incendiary purpose of still bbwing up the flames, as we find
him constantly doing, in every speech and public declaration.
Tliis may, perhaps, be intended to intimidate into acquisecence,
but the efiect has been most unfortunately otherwise. A little
knowledge of human nature, and attention to its ordinary workings,
might have foreseen that the spirits of the people here, were in a
state, in which they were more likely to be provoked, than fright-
ened, by haughty deportment. And to fill up the measure of irri-
tation, a proscription of individuals, has been substituted in the
room of just trial. Can it be believed, that a grateful people will
suffer tliose to be consigned to execution, whose sole crime has
been tlie developing and asserting their rights ? Had the Parlia-
ment possessed the power of reflection, they would have avcnded
a measure as impotent, as it was inflammatory. When I saw Lord
Chatham's bill, I entertained high hope that a reconciliation could
have been brought about. Tlie diffiirence between his terms, and
those ofiered by our Congress, might have been accommodated,
if entered on, by both parties, with a disposition to acconunodate.
But the dignity of Parliament, it seems, can brook no oppoation

150

to its power. Strange, tliat a set of men, who have made sale of
their virtue to the Minister, should yet talk of retaining digni^ !
But I am getting into politics, though I sat down only to ask your
acceptance of die wine, and express my constant wishes for your
happiness.

Th: Jefferson.

LETTER II.

. TO JOHN RANDOLPH, ESQ.

I

MonticoIIo, August 25, 177«'i.

Dear Sir,

I am sorry the situation of our country should render it not
eligible to you, to remain longer in it. I hope the returning
wisdom of Great Britain, will, ere long, put an end to this un-
natural contest. There may be people to whose tempers and
dispositions, contention is pleasing, and who, therefore, wish a con-
tinuance of confusion, but to me it is of all states but one, the
most horrid. My first wish is a restoration of our just rights ;
my second, a return of the happy period, when, consistently with
duty, I may withdraw myself totally from the public stage, and
pass the rest of my days in domestic ease and tranquillity, banish-
ing every desire of ever hearing what passes in the world. Per-
haps, (for the latter adds considerably to the warmth of tlie former
wish,) looking witli fondness towards a reconciliation with Great
Britain, I cannot help hoping you may be able to contribute to-
wards expediting this good work. I think it must be evident to
yourself, that the Ministry have been deceived by their offi-
cers on this side of the water, who, (for what purpose, I cannot
tell) have constandy represented the American opposition as that
of a small faction, in which the body of the people took litUe part.
This, you can inform them, of your own knowledge, is untrue.
They have taken it into tlieir heads, too, that we are cowards,
and shall surrender at discretion to an armed force. The past and
future operations of the war must confirm or undeceive them on
that head. I wish they were thoroughly and minutely acquainted
witli every circumstance, relative to America, as it exists in truth.
I am persuaded, tliis would go far towards disposing them to re-
conciliation. Even those in Parliament who are called friends to
America, seem to kn.ow notliing of our real determinations. I
observe, they pronounced in the last Parliament, that the Congress

151

r'er-

of 1774, did not mean to insist rigorously on the terms they held
out, but kept something in reserve, to give up : and, in fact, that
they would give up every thing but the article of taxation. Now,
the truth is far from this, as I can affirm, and put my honor to the
assertion. Their continuance in this error may, perhaps, produce
very ill consequences. The Congress stated tlie lowest terms
they thought possible to be accepted, in order to convince tlie
world, they were not unreasonable. They gave up the monopoly
and regulation of trade, and aU acts of Parliament prior to 1764,
lea>'ing to British generosity to render these, at some future time,
as easy to America as the interest of Britain would admit. But
this was before blood was spilt. I cannot affirm, but have reason
to think, these terms would not now be accepted. I wish no false
sense of honor, no ignorance of our real intentions, no vain hope
that partial concessions of right will be accepted, may induce tlie
Ministry to trifle with accommodation, till it shall be out of their
power ever to accommodate. If, indeed. Great Britain, disjoined
from her colonies, be a match for tlie most potent nations of Eu-
rope, with the colonies thrown into tlieir scale, they may go on
securely. But if tliey are not assured of this, it would be certainly
unwise, by trying the event of anotlier campaign, to risque our
accepting a foreign aid, which, perhaps, may not be obtainable,
but on condition of everlasting avulsion from. Great Britan. This
would be thought a hard condition, to those who stiU wish for re-
union with their parent country. I am sincerely one of those, and
would rather be in dependence on Great Britain, | roperly limited,
than rm any nation upon earth, or than on no nation. But I am
one of tliose, too, who, rather than submit to the rights of legisla-
ting for us, assumed by the British Parliament, and which late ex-
Eerience has shewn, they will so cruelly exercise, would lend my
and to sink the whole Island in the ocean.
If undeceiving the Minister, as to matters of fact, may change
his disposition, it will, perhaps, be in your power, by assisting to
do this, to render service to the whole empire, at the most critical
time, certainly, that it has ever seen. Whether Britain shall con-
tinue the head of the greatest empire on earth, or shall return to
her original station in die political scale of Europe, depends, per-
haps, on the resolutions of the succeeding winter. Grod send
they may be wise and salutary for us all. I shall be glad to hear
from you as often as you may be disposed to think of things here.
You may be at liberty, I expect, to communicate some things,
consistently with your honor, and the duties you will owe to a
protecting nation. Such a communication among individuals,
may be mutually beneficial to the contending parties. On this or

152

any future occasion, if I affirm to you any facts, your knowledge
of me will enable you to decide on their credibility; if I hazard
opnions on the dispositions of men or other speculative points,
you can only know they are my opinions. My best wishes for
your felicity, attend you, where ever you go, and believe me to
be, assuredly.

Your friend and servant,

Th: Jefferson.

LETTER III.

TO JOHN RANDOLPH, ESQ.

Philadelphia, November 29, 1776.

Dear Sir,

' I am to give you the melancholy intelligence of the death of
our most wortliy Speaker, which happened here on the 22nd of
the last month. He was struck with an apoplexy, and expired
within five hours.

I have it in my power to acquaint you, that the success of our
arms has corresponded with the justice of our cause. Chambly
and St. Johns were taken some weeks ago, and in tliem the
whole regular army in Canada, except about forty or fifty men.
This day, certain intelligence has reached us, that our General,
M(Mitgomery, is received into Montreal : and we expect, every hour,
to be informed that Quebec has opened its arms to Colonel Ar-
nold, who, with eleven hundred men, was sent from Boston up the
Kennebec, and down the Chaudiere river to that place. He ex-
pected to be there early this month. Montreal acceded to us on
the 13th, and Carlton set out, with the shattered remains of his
little army, for Quebec, where we hope he will be taken up by
Arnold. In a short time, we have reason to hope, the delegates
of Canada will join us in Congress, and complete the American
union, as far as we wish to have it completed. We hear that r-f
of the British transports has arrived at Boston ; the rest are b at-
ing offtlie coast, in very bad weather. You will have heard, be-
fore this reaches you, that Lord Dunmore has commenced hostili-
ties in Virginia. That people bore with every tiling, till he at-
tempted to bum the town of Hampton. They opposed and re-
pelled him, with considerable loss on his side, and none on ours.
It has raised our countrymen into a perfect phrenzy. It is an im-
mense misfortune, tn the whole empire, to have a King of such a

153

disposition at such a time. We are told, and every thing proves
it true, that he is the bitterest enemy we have. His Minister is
able, and that satisfies me that ignorance or wickedness, some-
where, controls him. In an earlier part of this contest, our peti-
tions told him, that from our King there was but one appeal. The
admonition was despised, and that appeal forced on us. To undo
his empire, he has but one truth more to learn ; that, after colo-
nies have drawn tlie sword, there is but one step more they can
take. That step is now pressed upon us, by the measures adopt-
ed, as if they were afraid we would not take it. Believe me, dear
Sir, there is not in the British empire, a man who more cordially
loves a union with Great Britain, dian I do. But by the God that
made me, I will cease to exist before I yield to a connection on
such terms as the British Parliament propose ; and in this, I think
I speak the sentiments of America. We want neither inducement
nor power, to declare and assert a separation. It is will, alone,
which is wanting, and that is growing apace under the fostering
hand of our King. One bloody campaign will probably decide,
everlastingly, our future course ; I am sorry to find a bloody cam-
paign is decided on. If our winds and waters should not combine
to rescue their shores from slavery, and General Howe's reinforce-
ment should arrive in safety, we have hopes he will be inspirited
to come out of Boston and take another drubbing : and we must
drub him soundly, before the sceptred tyrant will know we are
not mere brutes, to crouch under his hand, and kiss the rod with
which he deigns to scourge us.

Yours, &c.

Th: JEFFEJRaaN«

LETTER IV.

TO DR. BENJAMIN FRANKLIN, PARIS.

Vir.;inia, August 13, 1777. •
Honorable Sir,

I forbear to write you news, as the time of Mr. Shore's depar-
ture being uncertain, it might be old before you receive it, and he
can, in person, possess you of all we have. With respect to the
State 01 Virginia in particular, the people seem to have laid aside
the monarchical, and taken up the republican government, with as
much ease, as would have attended their throwing off an old, and
putting on a new suit of clothes. Not a single throe has attended
this imprtant transformation. A half dozen aristocratical gentle-

VOL. I.

20

154

men, agonizing under the loss of pre-eminence, have, sometimes,
ventr*<Yd their sarcasms on our political metamorphoas. They
have been thought fitter objects of pity, than of punishment. We
are, at present, in the complete and quiet exercise of well organ-
ised government, save only, that our courts of justice do not open
till the fall. I think nothing can bring the security of our conti-
ent and its cause, into danger, if we can support the credit of our
paper. To do that, I apprehend, one of two steps, must be taken.
Either to procure free trade by alliance with some naval power
able to protect it ; or, if we find there is no prospect of that, to
shut our ports totally, to all the world, and turn our colonies into
manufactories. The former would be most eligible, because most
conformable to the habits and wishes of our people. Were the
British Court to return to their senses in time to seize the litde
advantage which still remains witlim ti^'iir reach, from this quarter,
I judge, that, on acknowledging our fibsolute independence and
sovereignty, a commercial treaty beneficial to them, and perhaps
even a league of mutual ofi!ence and defence, might, not seeing
the expense or consequences of such a measure, be approved by
our people, if nodiing, in the mean time, done on your part, should
prevent it. But they will continue to grasp at their desperate
sovereignty, till every benefit short of that, is forever out of their
reach. I wish my domestic situation had rendered it possible for
me to join you in the very honorable charge confided to you.
Residence in a polite Court, society of literati of the first order,
a just cause and an approving God, will add length to u life for
which all men pray, and none more than

Your most obedient,

and humble servant,

Th: Jefferson.

LETTER V.

TO HIS EXCELLENCY PATRICK HENRY.

Sir,

Albomarlo, March 27, 1779.

A report prevailing here, that in consequence of some powers
from Congress, the Governor and Council have it in contemplation
to remove the Convention troops,* either wholly or in part, from
their present situation, I take the liberty of troubling you with

[* The troops under Burgoyne, captured at Saratoga]

155

for

some observations on that subject. The reputation and interest ot
our country, in genera], may be affected by such a measure : it
would, therefore, hardly be deemed an indecent liberty, in the
most private citizen, to offer his thoughts to the consideration of
the Executive. The locality o^ my situation, particularly in the
neighl)orhood of the present barracks, and tlie public relation in
which I stand to the people among whom they are situated, to-
gether with a confidence, which a personal knowledge of the mem-
bers of die Executive gives me, that they will be glad of informa-
Uon from any quarter, on a subject interesting to the public, induce
me to hope that they will acquit me of impropriery in the present
representation.

By an article in tlie Convention of Saratoga, it is stipulated, on
the part of th.e United States, tliat the officers shall not be sepa-
rated from their men. I suppose the term officers, includes ^cncroZ
as well as regimental officers. As there are general officers who
command all the troops, no part of them can be separated from
these officers without a violation of i„j article : they cannot, of
course, be separated from one another, unless the same general
officer could be in different places at the same time. It is true,
the article adds the words, ' as far as circumstances will admit.'
This was a necessary qualification ; because, in no place in Ame-
rica, I suppose, could there have been found quarters for both offi-
cers and men togeUier ; those for the officers to be according to
tlieir rank. So far, then, as the circumstances of the place where
diey should be quarteret:, should render a separation necessary, in
order to procure quarters for the officers, according to their rank,
the arUcle admits tliat separation. And these are the circum-
stanc3s which must have been under the contemplation of the par-
ties ; boUi of whom, and all the world beside (who are ultimate
judges in tlie case), would still understand that they were to be as
near in the environs of die camp, as convenient quarters could be
procured ; and not Uiat the qualification of the article destroyed
the article itself, and laid it wholly at our discretion. Congress,
indeed, have admitted of tliis separation ; but are tiiey so far lords
of right and wrong as that our consciences may be quiet vvidi their
dispensation ? Or is die case amended by saying they Irave it op-
tional in die Governor and Council to separate the troops or not ?
At the same time that it exculpates not them, it is drawing the
Governor and Council into a participation in the breach of faith.
If indeed it is only proposed, diat a separation of the troops shall
be referred to die consent of their officers ; ihat is a very differ-
ent matter. Having carefully avoided conversation widi them on
public subjects, 1 cannot say, of my own knowledge, how they

156

would relish such a proposition. I have heard from others, tliat
they will choose to undergo any thing together, rather than to be
separated, and that they will remonstrate against it in the strongest
terms. The Executive, therefore, if voluntary agents in this mea-
sure, must be drawn into a paper war with tliem, the more disa-
greeable, as it seems that faith and reason will be on the otlier
side. As an American, I cannot help feeling a thorough mortifi-
cation, that our Congress should have permitted an infraction of
our public honor ; as a citizen of Virginia, 1 cannot help hoping
and confiding, that our supreme Executive, whose acts will be
considered as tlie acts of the Commonwealth, estimate that honor
too highly to make its infraction their own act. I may be per-
mitted to hope, then, that if any removal takes place, it will be a
general one : and, as it is said to be left to tlie Governor and
Council to determine on this, I am satisfied, that, suppressing
every other consideration, and weighing the matter dispassionately,
they will detei4.''"ne upon this sole question, Is it for the benefit of
those for whom the^ act, that the Convention troops should be re-
moved from among thtm ? Under the head of interest, these cir-
cumstances, viz. the expense of building barracks, said to have
been £25,000, and of removing the troops backwards and for-
wards, amounting to, 1 know not how much, are not to be pre-
termitted, merely because diey are Continental expenses ; for we
are a part of the Continent ; we must pay a shilling of every
dollar wasted. But the sums of money, which, by tliese troops,
or on their account, are brought into., and expended in this State,
are a great and local advantage. This can require no proof.
If, at Uie conclusion of the war, for instance, our share of the
Continental debt should be twenty millions of dollars, or say
that we are called on to furnish an annual quota of two millions
four hundred thousand dollars, to Congress, to be raised by tax,
it is obvious that we should raise these given sums with greater
or less ease, in proportion to tlie greater or less quantity of money
found in circulation among us. 1 expect that our circulating mo-
ney is, by the presence of these troops, at the rate of ^30,000 a
week, at the least. I have heard, indeed, that an objection arises to
their being kept within this State, from the information of the com-
missary that they cannot be subsisted here. In attending to the
information of that officer, it should be borne in mind tliat the
county of King William and its vicinities are one thing, the terri-
tory of Virginia another. If the troops could be fed upon long
letters, I believe tlie gentleman at the head of that department in
this country, would be the best commissary upon earth. But till
I see liim determined to act, not to write ; to sacrifice his domestic

167

et\9e to the duties of his appointment, and apply to tlie resources
cf tliis country, wheresoever they arn to be liad, 1 must entertain
a diiierent opinion of him. I am mistaken, if, for Uie animal sub-
sistence of the troops liitherto, we are not principaUy indebted to
tlie genius and exertioho of Hawkins, during the*very short time
he lived after his appointment to tliat department, by your board.
His eye immediately pervaded tlie whole State, it was reduced at
once to a regular machine, to a system, and the whole put into
movement and animation by the fiat of a comprehensive mind. If
the Commonwealtli of Virginia cannot furnish these troops widi
bread, I would ask of tlie commissariat, which of the tliirteen is
now become the grain colony ? If we are in danger of famine
from the addition of four tliousand mouths, what is become of that
surplus of bread, the exportation of which used to feed tlie West
Indies and Eastern States, and fill the colony with hard money ?
When I urge the sufficiency of this State, however, to subsist these
troops, I beg to be understood, as having in contemplation the
quantity of provisions necessary for their real use, and not as cal-
culating what is to be lost by the wanton waste, mismanagement,
and carelessness of tliose employed about it. If magazines of
beef and pork are suffered to rot by slovenly butchering, or for
want of timely provision and sale ; if quantities of flour are exposed
by tlie commissaries entrusted with the keeping it, to pillage and
desU'uction ; and if, when laid up in the Continental stores, it is
still to be embezzled and sold, the land of Egypt itself would be
insufficient for their supply, and their removal would be necessary,
not to a more plentiful country, but to more able and honest com-
missaries. Perhaps, the magnitude of this question, and its rela-
tion to the whole State, may render it wortli while to await the
opinion of the National Council, which is now to meet witliin a few
weeks. There is no danger of distress in the mean time, as tlie
commissaries affirm they have a great sufficiency of provisions for
some time to come. Should the '^neasure of removing tliem into
another State be adopted, and carried into execution, before the
meeting of Assembly, no disapprobation of theirs will bring Uiem
back, because tliey will then be in tlie jx)wer of otliers, who will
hardly give them up.

Want of information as to what may be tlie precise measure
proposed by die Governor and Council, obliges me to shift my
ground, and take up the subject in every possible form. Perhaps,
diey have not ihouglit to remove the troops out of this State alto-
gether, but to some oUier part of it. Here, the objections arising
from the expenses of removal, and of building new barracks, recur.
As to animal food, it may be driven to one part of the country as

im

easily as to another: that cuctimstance, therefore, may he thrown
out of tlie question. As to bread, I suppose they wil! require
about forty or forty-five thousand bushels of grain a year. Tlie
place to which it is to be brought to them, is about the centre of
tlie State. Bgiides, tliat the country round about is fertile, all
the grai'' made in tlie counties adjacem to any kbd of navigation,
may be brought by water to witliin twelve miles of the spot. For
these twelve miles, wagons must be employed ; I suppose half a
dozen will be a plenty. Perhaj>s, tliis part of tlie expense might
!mve been saved, had the barracks been built on the water ; but
it is not sufficient to justify their being abandoned now they are
buih. Wagonage, indeed, seems to the commissariat, an article
not worth economising. The most wanton and studied circuity of
transportation has bee » praciised : to mention only one act, they
have bought qi' '*"es of flour for these troops in Cumberland,
have ordered it t. -i w ^ >ned down to Manchester, and wagoned
tlience up to tlie b. racKs. This fact happened to fall within my
own knowledge. 1 doubt noi there are many more such, in order
either to produce their total removal, or to run up die expenses of
the present situation, and satisfy Congress thai the nearer they are
brought to the commissary's own bed, the cheaper iliey will be
subsisted. The grain made in the western counties may be
brought parUy in wagons, as conveniently to this as to any other
place ; perhaps more so, on account of its vicinity to one of the
best passes tlirough the Blue Ridge ; and partly by water, as it is
near to James river, to tlie navigation of which, ten counties are
adjacent above the falls. When I said that the grain might be
brought hidjer from all the counties of the State, adjacent to navi-
gation, I did not mean to say it would be proper to bring it from
all. On tlie contrary, I think the commissary should be instruct-
ed, after the next harvest, not to send one bushel of grain to the
barracks from below the falls of the rivers, or from tlie northern
counties. The counties on tide water are accessible to the calls
for our own array. Their supplies ought, therefore, to be husband-
ed for them. The counties in the northwestern parts of the
State are not only witiiin reach for our ovm grand army, but pecu-
liarly necessary for the support of Macintosh's army ; or for the
supprt of any otlier northwestern expedition, which die uncertain
conduct of die Indians should render necessary ; insomuch, that if
the supplies of that quarter should be misapplied to any other pur-
pose, it would destroy, in embryo, every exertion, either for par-
ticular or general safety tiiere. The counties above tide water, in
the middle and soulliern and western parts of die country, are
not accessible to calls for either of Uiose purposes, but at such an

159

expense of transportation ns the article would not bear. Hero,
then, is a great field, whose supplies of bread cannot bo carried to
our army, or, radier, which will raise no supplies of bread, because
there is no body to eat them. Was it not, then, wise in Congress
to remove to tliat field four thousand idle moutlis, who must other-
wise have interfered with the pasture of our own troops ? And,
if they are removed to any otJier part of the country, will it not
defeat this wise purpose ? The mills on the waters of James river,
above the falls, open to canoe navigation, are very many. Some
of tliem are of great note, as manufacturers. The barracks are sur-
rounded by mills. There are five or six round about Charlottesville.
Any two or three of the whole might, in the course of the winter,
manufacture flour sufficient for the year. To say the worst, tlien,
of this situation, it is but twelve miles wrong. The safe custody
of tliese troops is another circumstance worthy consideration.
Equally removed from the access of an eastern or western ene-
my ; central to tlie whole State, so that, should tliey attempt an
irruption in any direction, they must pass through a great extent of
hostile country ; in a neighborhood thickly inhabited by ••ohust and
hardy people, zealous in the American cause, acquaintt^d ith the
use of arms, and the defiles and passes by which the mu;.t issue :
it would seem, that in this point of view, no place could have been
better chosen.

Their health is also of importance. I would not endeavor to
shew *hat their lives are valuable to us, because i' vould suppose
a possibility, that humanity was kicked out of doors in America,
and interest only attended to. The barracks occupy the top and
brow of a very high hill, (you have been untruly told they were in
a bottom.) They are free from fog, have four springs which
seem to be plentiful, one within twenty yards of tlie piquet, two
within fifty yards, and another within two hundred and fifty, and
they propose to sink wells within the piquet. Of four thousand
people, it should be expected, according to the ordinary calcula-
tions that one should die every day. Yet, in the space of near
three months, there have been but four deaths among them ; two
infants under three weeks old, and two others by apoplexy. The
officers tell me, the troops were never before so healthy since
they were embodied.

But is an enemy so execrable, that, though in captivity, his
wishes and comforts are to be disregarded and even crossed ? I
think not. It is for the benefit of mankind to mitigate the horrors
of war as much as possible. The practice, therefore, of modem
nations, of treating captive enemies with politeness and generosity,
is not only delightful in contemplation, but really interesting to all

f

i

160 ' • .

tiie world, friends, foes and neutrals. I^et us apply this : the ofli-
oers, after considerable hardships, have all procured quarters, com-
fortable and satisfactory to them. In order to do this, they were
obliged, in many instances, to hire houses for a year certain, and
at such exorbitant rents, as were sufficient to tempt independent
owners to go out of them, and shift as tliey could. These houses,
in most cases, were much out of repair. They have repaired
them at a considerable expense. One of the general officers has
taken a place for two years, advanced the rent for the wliole time,
and been obliged, moreover, to erect additional buildings for the
accommodation of part of his family, for which there was not room
in the house rented. Independent of the brick work, for the
carpentry of these additional buildings, I know he is to pay fifteen
hundred dollars. The same gentleman, to my knowledge, has

{)aid to one person, three thousand six hundred and seventy dol-
ars, for different articles to fix himself coinmodiously. They
have generally laid in their stocks of grain and other provisions,
for it is well known tliat officers do not live on their rations. They
have purchased cows, sheep, &u;. set in to farming, prepared their
gardens, and have a prospect of comfort and quiet before them.
To turn to the soldiers : the environs of the barracks are delight-
ful, the ground cleared, laid ofif in hundreds of gardens, each en-
closed in its separate paling ; these well prepared, and exhibiting
a fine appearance. General Riedezel, alone, laid out upwards of
two hundred pounds in garden seeds, for tlie German troops only.
Judge what an extent of ground tliese seeds would cover. There
is little doubt that their own gardens will furnish them a great
abundance of vegetables through the year. Their poultry, pi-
geons and other preparations of that kind, present to die mind tne
idea of a company of farmers, rather than a camp of soldiers. In
addition to the barracks built for them by the public, and now very
comfortable, they have built great numbers for themselves, in such
messes as fancied each oilier : and the whole corps, bodi officers
and men, seem now happy and satisfied with dieir situation.
Having thus found die art ol rendering captivity itself comfortable,
and carried it into execution, at their own great expense and la-
bor, their spirits sustained by the prospect of gratifications rising
before their eyes, does not every sentiment of humanity revolt
against die proposition of stripping them of all this, and removing
them into new situations, where, from die advanced season of die
year, no preparations can be made for carrying themselves com-
fortably through the heats of summer ; and when it is known that
the necessary advances for the conveniences already provided,
have exhausted their funds and left them unable to make the like

161

exertions anew. Again ; review this matter, as it may regard ap-
pearances. A body of troops, after staying a twelvemonth at
Boston, are ordered to take a march of seven hundred miles to
Virginia, where, it is said, they may be plentifully subsisted. As
\ soon as they are there, they are ordered on some other march,
because, in Virginia, it is said, they can not be subsisted. Indif-
ferent nations will charge this either to ignorance, or to whim and
caprice ; the parties interested, to cruelty. They now view the
proposition in that light, and it is said, there is a general and firm
persuasion among tht'in, tliat tiicy were marched from Boston
with no other purpose; than to harass and destroy them with eter-
nal marches. Perseverance in object, though not by the most
direct way, is often more laudable than perpetual changes, as
often as the object shifts light. A character of steadiness in our
councils, is worth more than the subsistence of four thousand
people.

There could not have been a more unlucky concurrence of cir-
cumstances than when these troops first came. Tlie barracks were
unfinished for want of laborers, the spell of weather the worst ever
known within the memory of man, no stores of bread laid in, the
roads, by the weather and number of wagons, soon rendered im-
passable : not only the troops themselves were greatly disappointed,
but tlie people in the neighborhood were alarmed at the conse-
quences which a total failure of provisions might produce. In this
' worst state of things, their situation was seen by many and disse-
minated through the country, so as to occasion a general dissatis-
faction, which even seized the minds of reasonable men, who, if
not infecred with the contagion, must have foreseen that the pro-
spect must brighten, and that great advantages to the people must
necessarily arise. It has, accordingly, so happened. The planters,
being more generally sellers than buyers, have felt the benefit of
their presence in the most vital part about them, their purses, and
are now sensible of its source. I have too good an opinion of their
love of order, to believe that a removal of these troops would pro-
duce any irregular proofs of their disapprobation, but I am well
assured it would be extremely odious to them.

To conclude. The separation of these troops would be a
breach of public faiih, therefore, I suppose it impossible ; if they
are removed to another State, it is the fault of the commissaries ;
if they are removed to any other part of the State, it is the fault
of the commissaries ; and in both cases, the public interest and
public security suflfer, the comfortable and plentiful subsistence of
our own army is lessened, the health of the troops negledted, their
wishes crossed, and their comforts torn from them, the character

VOL. I.

9A

of whim and caprice, or, what is worse, of cruehy, fixed on us as
a nation, and, to crown the whole, our own people disgusted with
such a prtK^eedin^.

I have tlms taken the liberty of representing to you the facts
and tlie reasons, which seem to militate against the separation ur
removal of these troops. I am sensible, however, that Uie same
subject may appear to different persons, in very different lights.
What I have urged as reasons, may, to sounder minds, be apparent
fallacies. 1 ho{)e tliey will appear, at least, so plausible, as to ex-
cuse the interposition of

your Excellency's

most obedient ^

and most humble servant,

Th: JcrrGRSoN.

I.RTTEll VI.
TO JOHN PAGE.

Williamsburg, January 2S, 1779.

Dear Page,

I received your letter by Mr. Jamieson. It had given me much
pain, that the zeal of our respective friends, should ever have
placed you and me in Uie situation of compeutors. I was com-
forted, however, with tlie reflection, that it was tlieir competition,
not ours, and that the difference of the numbers which decided
between us, was too insignificant to give you a pain, or me a plea-
sure, had our disposidons towards each other, been such as to admit
those sensations. I know you too well to need an apology for any
thing you do, and hope you will forever be assured of this ; and as
to the constructions of the world, tliey would only have added one
to the many sins for which diev are to go to the devil. As Uiis is
the first, I hope it will be the last, instance of ceremony between
us. A desire to see my family, which is in Charles City, carries
me thither to-morrow, and I sliall not return till Monday. Be
pleased to present my compliments to Mrs. Page, and add diin to
the assurances I have ever given you, that I am, dear Page,

your affectionate friend,

Th: Jefferson.

103

LKTTKK VU.

TO lllii ftlXCCLLKNCT GCNEIIAL WASHINGTON.

Sir,

Williaiiiaburg, June £), 1770.

1 liuve Un. |»l"a.sure to enclose you the particulars of Colonel
Clnrke's success against St. Vincennes, as stated in his letter hut
lately received ; the messenger, with his first letter, having heen
killed. 1 fear it will he inipossihle for Colonel Clarke to he so
strengthened, as to enahle him to do what he desires. Indeed,
the express who hrought this lt;tter, gives us reason to fear, St.
Vincennes is in danger from a large body of Indians, collected
to attack it, and said, when lie cam - from Kaskaskias, to be within
thirty leagues of die place. 1 also enclose you a letter from Co-
lonel Shelby, stating tlie effect of his success against Uie seceding
Cherokees, and Chuccaraogga. The damage done them, was
killing half a dozen, burning eleven towns, twenty thousand busli-
els of corn, collected ))robably to forward the expeditions which
were to have been planned at the council which was to meet Go-
vernor Hamilton at die mouth of Tennessee, and taking as many
goods as sold for twenty-five thousand pounds. 1 hope these two
blows coming togeUier, and the depriving diem ot Uieir head,
will, in some measure, effect the quiet of our frontiers Uiis sum-
mer. We have intelligence, also, Uiat Colonel Bowman, from
Kentucky, is in the midst of the Shawnee country, wiUi Uiree
hundred men, and hope lo hear a good account of him. The
enclosed order, being in its nature important, and generally inte-
resting, I think it proper lo transmit it to you, widi the reasons sup-
)M3rting it.^ It will add much to our satisfaction, to know it meets
your approbation.

I have the honor to be, witli every sentiment of private respect
and public gratitude,

Sir, your most obedient, and

most humble servant, ^

Th: Jefferson.

P. S. The distance of our northeni and w^estem counties, from
tlie scene of soudiern service, and the necessity of strengthening our
western qi irter, have induced tl>e Council to direct the new levies
from the counties of Yohogania, Ohio, Monongalia, Frederick,
Hampshire, Berkeley, Rockingham, and Greenbrier, amounting

[* For the letter of Colonel Clarke, and the order referred to, see Appendix,
note A.]

\

4

164

to somewhat less than threo hundred men, to enter Into the ninth
regiment at Pittsburg. The aid they may give tliere, will be so
immediate and important, and what tliey could do to the south-
ward, would be so late, as, I hope, will apologise for their inter-
ference. T. J.

LETTER VIII.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

VVilliamaburg, July 17, 1779.

I some time ago, enclosed to you a printed copy of an order of
Council, by which Governor Hamilton was to be confined in irons,
in close jail, which has occasioned a letter from General Phillips,
of which the enclosed is a copy. The General seems to think
that a prisoner on capitulation, cannot be put in close confinement,
though his capitulation should not have provided against it. My
idea was, that all persons taken in war, were to be deemed pri-
soners of war. That those who surrender on capitulation (or
convention) are prisoners of war also, subject to the same treat-
ment with those who surrender at discretion, except only so far
as the terms of their capitulation or convention shall have guarded
them. In tlie capitulation of Governor Hamilton (a copy of which
I enclose,) no stipulation is made as to tlie treatment of himself,
or those taken with him. The Governor, indeed, when he signs,
adds a flourish of reasons inducing him to capitulate, one of wliich
is the generosity of liis enemy. Generosity, on a large and com-
prehensive scale, seems to dictate the making a signal example of
this gendeman ; but waving that, these are only the private mo-
tives inducing him to surrender, and do not enter into the contract
of Colonel Clarke. I have the highest idea of those contracts
which take place between nation and nation, at war, and would be
the last on earth to do any thing in violation of them. I can find
nothing in those books usually recurred to as testimonials of tlie
laws and usages of nature and nations, which convicts the opinions
I have above expressed of error. Yet there may be such an
usage as General Phillips seems to suppose, though not taken no-
tice of by tliese writers. I air. obliged to trouble your Excellency
on this occasion, by asking of you information on this point. There
is no other person, whose decision will so auUioritatively decide
this doubt in tlic public mind, and none with which I am disposed

4

-1— -->

165

so Implicitly to comply. If you shall be of opinion, that tlie bare
existence of a capitulation, in the case of Croveinor Hamilton,
privileges him fmm confinement, though tl'ere be no article to that
effect in the capitulation, justice shall most assuredly be done him.
The importance of tliis point, in a public view, and rny own
anxiety under a charge of^ violation of national faith by the Execu-
tive of this Commonwealth, will, I hope, apologise for my adding
this to the many troubles with which I know you to be burdened.
1 have tlie honor to be, witli tlie most profound respect,
your Excellency's most obedient,

and most humble servant,

Th: Jefferson.

P. S. I have just received a letter from Colonel Bland, con-
taining information of numerous desertions from tlie Convention
troops, not less than four hundred iu the last fortnight. He thinks
he has reason to believe, it is witii the connivance of some of their
officers. Some of diese have been retaken, all of them going
northwardly. They had provided themselves with forged pass}K)rts,
and with certificates of having taken the oath of fidelity to tlio
State ; some of them forged, odiers really given by weak magis-
trates. I give this information to your Excellency, as, perhaps, it
may be in your power to have such of them intercepted as shall
be passing |hrough Pennsylvania and Jersey.

Your letter enclosing die opinion of the board of war in the
case of Allison and Lee, has come safe to hand, after a long pas-
sage. It shall be answered by next post. T. J.

LiSTTER IX.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Williamsburg, October 1, 1779.

On receipt of your letter of August Cth, duruig my absence,
the Council had the irons taken off the prisoners of war. When
your advice was asked, we meant it should decide with us ; and
upon my return to Williamsburg, the mutter was taken up and the
enclosed advice given.* A parole was formed, of which die en-
closed is a copy, and tendered to the prisoners. Tiiey objected
to that part of it, which restrained Uiem from sayitig any thing to

[■• See Appendix, note B.]

166

the prejudice of the United States, and insisted on ' freedom of
speech.' They were, in consequence, remanded to Uieir con-
finement in the jail, which must be considered as a voluntary one,
until they can determine with themselves to be inoffensive in word
as well as deed. A flag sails hence to-morrow to New York, to
negotiate the exchange of some prisoners. By her, I have written
to General Phillips on this subject, and enclosed to him copies of
tlie witliin ; intending it as an answer to a letter I received from
him on the subject of Governor Hamilton. I have tlie honor lo
be, Sir,

your most obedient,

and most humble servant,
V Th: Jefferson.

LETTER X.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Williamsburg, Oct. 2, 1779.

Just as the letter accompanying diis was going off, Colonel Ma-
thews arrived on parole from New York, by tlie way of head
quarters, bringing your Excellency's letter, on his subject, with that
of the British commissary of prisoners. The subject is of great
importance, and I must, therefore, reserve myself to answer after
furUier consideration. Were I to speak from present impressions,
I should say it was happy for Governor Hamilton, that a final de-
termination of his fate was formed before this new information.
As the enemy have released Captain Willing from his irons, the
Executive of this State will be induced, perhaps, not to alter their
former opinion. But it is impossible they can be serious in attempt-
ing to bully us in this manner. We have too many of their suWects
in our power, and, too much iron to clothe them with, and I will
add, too much resolution, to avail ourselves of bodi, to fear their
pretended retaliation. However, I will do myself the honor of
forwarding lo your Excellency, the ultimate result of Council on
this subject.

In consequence of the information in the letter from the British
commissary of prisoners, that no officers of die Virginia line,
should be exchanged till Governor Hamilton's affair should be
setded, we have stopped our flag, which was just hoisting anchor
wiUi a load of jirivates for New York. I must, therefore, ask the

167

favor of your Excellency to forward the enclosed by flag, when
an opportunity offers, as I suppose General Phillips will be in
New York before it reaches you. I have the honor to be. Sir,
with the greatest esteem,

your most obedient, and

most humble servant,

Th: Jefferson.

LETTER XI.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

In Council, Oct. 8, 1779.

In mine of the second of the present month, written in the
instant of Colonel Mathews' delivery of your letter, I informed you
what had been done on die subject of Governor Hamilton a..d
his companions, previous to Uiat moment. I now enclose you an
advice of Council,* in consequence of the letter you were pleased
to enclose me, from the British commissary of prisoners, with
one from Lord Rawdon ; also a copy of my letter to Colonel
Mathews, enclosing, also, the papers therein named. The advice
of Council to allow the enlargement of prisoners, on their giving
a proper parole, has not been recalK^d, nor will be, I suppose,
unless somediing on die part of the enemy should render it neces-
sary. 1 raUier expect, however, that lliey will see it thel*- interest
to discontinue diis kind of conduct. I am afraid I oiiall hereafter,
perhaps, be obliged to give your Excellency some trouble in aid-
ing me to obtain information of tlie future usage of our prisoners.
I shall give immediate orders for having in readiness, every engine
which the enemy have contrived for the destruction of our un-
happy ciuzens, captivated by tliem. Tiie presentiment of these
operations, is shocking beyond expression I jiray heaven to avert
them : but nodiing in this world will do i^ but a proper conduct
in the enei.iy. In every event, I shall resign myself to the hard
necessity under which I sliall act.

I have the honor to be, with great regard and esteem,
your Excellency's

most obedient, and

most humble servant,

Th: Jefferson.

/ ^^ , ^ [* Soc Appendix, note C.j

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168

LETTER XII.

TO COLONEL MATHEWS.

Sir,

In Council, Oclober, I'/?.

The proceedings respecting Governor Hamilton and his com-
panions, previous to your arrivu! here, you are acquainted with.
For your more precise information, I enclose you the advice of
Council, of Juno tl e 1 6di, of that of August the 28th, another of
September tlie 19th, on the parole tendered them tlie 1st instant,
and Governor Hamilton's letter of the same day, stating his objec-
tions, in which he persevered : from that time his confinement has
become a voluntary one. You delivered us your letters the next
day, when tlie post being just setting out, much business prevented
the Council from taking them into consideration. They have this
day attended to them, and found their resolution expressed in the
enclosed advice bearing date this day. It gives us great pain that
any of our countrymen should be cut oif from tlie society of their
friends and tenderest connections, while it seems as if it was in
our power to administer relief. But we trust to their good sense
for discerning, and tlieir spirit for bearing up against the fallficy of
this appearance. Governor Hamilton and his companions w^^re
imprisoned and ironed, 1st. In retaliadon for cruel treatment of
our captive citizens by the enemy in general. 2nd. For tha bar-
barous species of warfare which himself and his savage- allies
carried on in our western frontier. 3rd. For parucular acts of
barbarity, of which he himself was personally guilty, to some of
our citizens in his power. Any one of these charges was sufficient
to justify the measures we took. Of the truth of the first, your-
selves are witnesses. Your situatr . indeed, seems to have been
better since you wen; sent to Nev V k ; but reflect on what you
sufteied before diat, and knew oth»;fs of your countrymen to stif-
fer, and what you know is now suffered by that more unhappy
part of them, who are still confined on board die prison ships ol
the enemy. Proofs of the second charge, we have under Hamil-
ton's own hand : and of die Uiird, as sacred assurinces as human
testimony is capable of giving. Humane conduct on our part, was
found to produce no effact ; die contrary, therefore, was to be
tried. If it produces a proper lenity to our citizens in captivity,
it will have the effect we meant ; if it does not, we shall return a
severity as terrible as universal. If the causes of our rigor
againo; Hamilton, were founded in truth, diat rigor was just,
and vvoidd not give right to the enemy to commence any new

>^".v;-

169

hostiliues on Uieir pniS • .;i, J all such new severities are to be "or-
i:d?red, oot as retaliation, but as original and unpiovol od. If
ilioijc causes were not founded in truth, the) should l"ivt denied
them. If, declining the tribunal of truth an^i reason, thty cbooso
to pervert this into o contest of rruelty and destruction, we will
contend with them in that line, and measure out misery to those
in our power, in tha^multiplied proportion which die advantage of
superior numbers enables us to do. We shall think it our parti-
cular duty, after the information we gather from the papers which
^ave been laid before us, to pay very constant attention to your
situadon and that of your fellow prisoners. We hope that the
prudence of tlie enemy will be your protection from injury ; and
we are assured that your regard for die honor of your country,
would not permit you to wish we should suffer ourselves to be
bullied into an acquiescence, under every insult and cruelty they
may choose to practice, and a fear to retaliate, lest you should be
made to experience additional sufferings. Their officers and sol-
diers in our hands, are pledges for your safety : we are determined
to use tliem as such. Iron will be retaliated by iron, but a great
mukiplication on distinguished objects ; prison ships by prison ships,
and like for like in general. I (fo not mean by this to cover any
officer who has acted, or shall act improperly. They say Captain
Willing was guilty of great cruelties at the Natches ; if so, they do
right in punishing him. I would use any powers I have, for the
punishment of any officer of our own, who shquld be guilty of
excesses unjustifiable under the usages of civilized nations. How-
ever, I do not find myself obliged to believe the charge against
Captain Willing to be true, on the affirmation of the British com-
missary, because, in the next breath, he affirms no cruelties have
as yet been inflicted on him. Cajiiain Willing has been in uons.
I beg you to be assured, there is nothing, consistent with die
honor of your country, which we shall not, at all times, be ready
to do for the relief of yourself and companions in captivity. We
know, diat ardent spirit and hatred for tyranny which brought you
into your present situation, will enable you to bear up against it
with the firmness which has distinguished you as a soldier, and to
look forward with pleasure to die day, when events shall take
place, against which, the wounded spirits of your enemies will find
no comfort, even from reflections on the most refined of the cru-
elties with which they have glutted themselves.
I am, with great respect,

your most obedient, and

most humble servant,

1h: JEfFERSON..

VOL. I. 22

i!'i!!

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170

*k

LKTTEn XIII.

to HIS EXCELLENCY GENERAL WASHINGTON.

Sib,

Williamtburgf, November 38, 1779.

Your Excellency's letter on the dlscrimmations which have
been heretofore made, between tlie troops raised witliin this State,
and considered as part of our quota, and those not so considered,
was delivered me four days ago. I immediately laid it before the
Assembly, who thereupon came to tlie resolution I now do myself
the honor of enclosing you. The resolution of Congress, of March
15th, 1779, which you were so kind as to enclose, was never
known in this State till a few weeks ago, when we received print-
ed copies of the Journals of Congress. It would be a great satis-
faction to us, to receive an exact return of all the men we have in
Continental service, who come within the description of the resolu-
tion, togetlier witli our State troops in Continental service. Colonel
Cabell was so kind as to send me a return of the Continental
regiments, commanded by Lord Sterling, of the first and second
Virginia State regiments, and of Colonel Gist's regiment. Be-
sides these are the following ; viz. Colonel Harrison's regiment of
artillery, Colonel Bayler's horse. Colonel Bland's horse. General
Scott's new levies, part of which are gone to Carolina, and part
are here, Colonel Gibson's regiment stationed on the Ohio, Heath
and OJmrn's independent companies at the same stations. Colonel
Taylor's regirj jnt of guards to tlic Convention troops : of these,
ivo hav? 1 renim. There may, possibly^ be others not occurring
to rae. A re^irn of all these would enable us to see what pro-
portion of the Continental orray, is contributed by us. We have,
at present, very pressing chlis to send additional numbers of men
to tlie southward. No inclination is wanting in either the Legis-
lature or Executive, to aid tl.om or su*engtlien you : but we find it
very diffici^t to procure iuen. I herewitli transmit to your Ex-
cellency scane r'^^cruiting commissions, to be put into such hands
as you may uMnk proper, for re-enlisting such of our soldiery as
' are not ?»V*eady engaged for *lw. war. The Act of Assembly au-
tiiorisiript; hese lA'a-iCt^ons, requires tliat the men eoiisted, should
be revies'pci and n^-eived by an officer to be api^inted for that
purpose; a cautio ), J. ss necessary in the case of men now actually
in service, and, iherei .re, doubtle&s, able bodied, than in the raising
new recruits. The direction, iiowever, goes to ail cases, and,

171

tlierefore, we must trouble your Excellency with the aj^ihtment
of one or more officers of review. Mr. Moss, our agent, receives
orders which accompany this, to pay the bounty money and re-
cruiting money, and to deliver the clothing. We have, however,
certain reason to fear he has not any great sum of money on hand :
and it is absolutely out of our power, at this time, to supply him,
or to say, with certainty, when we shall be able to do it. He is
instructed to note his acceptan. es under tlie draughts, and to as-
sure payment as soon as we shall have it in our )X)wer to furnish
him, as the only substitute for money. Your Excellency's direc-
tions to the officer of review, wiU probably procure us the satisfac-
tion of being informed, from time to time, how many men shall be
re-enlisted.

By Colonel Mathews, I informed your Excellency fully of tlie
situation of Governor Hamilton, and his companions. Lamothe
and Dejean have given their paroles, and are at Hanover Court-
House : Hamilton, Hay and otliers, are still obstinate ; therefore,
still in close confinement, though tlieir irons have never been on,
since your second letter on the subject. I wrote full information
of this matter to General Phillips also, from whom I had received
letters on the subject. I cannot, in reason, believe, that the enemy,
on receiving this information, either from yourself or General
Phillips, will venture to impose any new cruelties on our officers
in captivity with tliem. Yet their conduct, hitherto, has been
most successfully prognosticated by reversing the conclusions of
right reason. It is, therefore, my duty, as well as it was my pro-
mise to the Virginia captives, to take measures for discovering any
change which may be made in their situation. For this purpose,
I must apply for your Excellency's interposition. I doubt not but
you have an established mode of knowing, at all times, through
your commissary of prisoners, the precise state of those in tlie
power of the enemy. I must, therefore, pray you to put into mo-
tions, any such means you have, for obtaining knowledge of the
situation of the Virginia officers in captivity. If you should think
proper, as I could wish, to take upon yourself to retaliate any new
sufferings which may be imposed on them, it will be more likely
to have due weight, and to restore the unhappy on both sides, to
that benevolent treatment for wliicli all sl)ould wish.

I have the honor to be, hw.. &c.

Th: Jefferson.

! ilil

172

LETTEK XIV.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Williamshurg, December 10, 1779.

4

I take the liberty of putting under cover to your Excellency,
some letters to Generals Phillips and Reidezel, uninformed whe-
ther (hey are gone into New York or not, and knowing that you
can best forward them in eittier case.

I also trouble you widi a letter from the master of the flag in
this State, to the British commissary of prisoners in New York,
trusting it will thus be more certainly conveyed than if sent to Mr.
Adams. It is my wish the British commissary should return his
answer through your Excellency, or your commissary of priso-
ners, and that they should not propose, under this pretext, to send
another flag, as the mission of the present flag is not unattended
with circumstances of suspicion ; and a certain information of the
situation of ourselves and our allies here, might influence the mea-
sures of the enemy. i

Perhaps your commissary of prisoners can effect the former
method of answer.

I enclose to you part of an Act of Assembly ascertaining the
quantity of land, which shall be allowed to the officers and soldiers
at the close of the war, and providing means of keeping that
country vacant which has been allotted for them.

I am advised to ask your Excellency's attention to the case of
Colonel Bland, late commander of the barracks in Albemarle.
When hat gentleman was appointed to Uiat command, he attend-
ed the yxecutive here, and informed tliem, he must either de-
cline it, or be supported in such a way as would keep up that
respect which was essential to his command ; without, at the same
time, ruining his private fortune.

The Executive were sensible he would be exposed to great
and unavoidable expense : they observed, his command would be
in a department separate from any other, and that he actually re-
Ueved a Major General from the same service. They did not
think themselves authorised to say what should be done in this
case, but undertook to represent the matter to Congress, and, in
the mean time, gave it as their opinion that he ought to be allowed a
decent table. On this, he undertook the office, and in the course
of it incurred expenses which seemed to have been unavoidable,
.unless he would have lived in such a way as is hardly reconcile-

*».

173

able to the spirit of an officer, or the reputation of those in whose
service he is. Governor Henry wrote on the subject to Congress ;
Colonel Bland did the same ; but we learn they have concluded
the allowance to be unprecedented, and inadmissible in the case
of an officer of his rank. The commissaries, on this, have called
on Colonel Bland for reimbursement. A sale of his estate was
about to take place, when we undertook to recommend to them to
suspend dieir demand, till we could ask the favor of you to advo-
cate this matter so far with Congress, as you may dimk it right ;
otherwise the ruin of a very worthy officer must mevitably follow.
I have the honor to be, widi the greatest respect and esteem,
your Excellency's

most obedient servant,

Th: Jefferson.

LETTER XV,

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Williamsburg, February 10, 1780.

It is possible you may have heard, that in die course of last
summer an expediUo;i was meditated, by our Colonel Clarke,
against Detroit : that he had probeeded so far as to rendezvous
a considerable body of Indians, I believe four or five thousand, at
St. Vincennes ; but, being disappointed in tlie number of whites
he expected, and not choosing to rely principally on the Indians, he
was obliged to decline it. We have a tolerable prospect of rein-
forcing him this spring, to the number which he thinks sufficient
for the enterprise. We have informed him of this, and left him
to decide between this object, and that of giving vigorous chastise-
ment to Uiose tribes of Indians, whose eternal hostihties have prov-
ed them incapable of living on friendly terms wiUi us. It is our
opinion, his inclination will lead him to determine on the former.
The reason of my laying before your Excellency this matter, is,
that it has been intimated to me that Colonel Broadhead is medi-
tating a smiilar expedition. I wished, therefore, to make you ac-
quainted with what we had in contemplation. The enterprising
and energetic genius of Clarke is not altogether unknown to you.
You alfo know (what I am a stranger to) the abilities of Broad-
head, and the particular force with which you will be able to arm
him for such an expedition. We wish the most hopeful means
should be used for removing so uneasy a thorn from our si<{9. As

*

^WH .■

174

yourself, alone, arc acquainted with all Uie circumstances nece.s-
sary for well informed decision, 1 nm to ask the favor of your
Excellency, if you should think Broadhead's undertaking it most
likely to produce success, that you will he so kind as to intiniate
to us to divert Clarke to the other ohject, which is also imj>ortant
to this State. It will, of course, have weie;ht with you, in fonning
your determination, that our j)rosj)ect of strengthening C'larke's
hands, sufficiently, is not absolutely certain, li may be necessary,
perhaps, to inform you, that these two officers cannot act together,
which excludes the hopes of ensuring; success by a joint expediuon.
I have tlie honor to be, vviUi tlie most sincere esteem, your
Excellency's

most obedient and

most humble servant,

Th: Jkfferson.

LETTEK XVl,

TO MIS EXCELLENCy GENERAL WASHINGTON.

Sir,

Richmond, Juno 11, 1780.

Major Galvan, as recommended by your Excellency, was dis-
patched to his station without dnJlay, and has been furnished with
every thing he desired, as far as we were able. Tlie line of ex-
presses formed between u?, is such as will communicate intelli-
gence from one to the othfr in twenty-three hoiirs. 1 have for-
warded to him information of our disasters in the South, as they
have come to me.

Our intelligence from thp southward is most lamentably defec-
tive. Though Charleston has been in the hands of the enemy, a
month, we hear nothing of their movements which can be relied
on. Rumors are, that they are penetrating northward. To re-
medy this defect, I shall immediately establish a line of expresses
from hence to die neighborhood of tlieir army, and send thiUier a
sensible judicious person, to give us information of their move-
ments. This intelligence will, i hope, be conveyed to us at the
rate of one hundred and twenty miles in the twenty-four hours.
They set out to Uieir stations to-morrow. I wish it were possible,
that a like speedy line of communication could be formed from
hence to your Excellency's head quarters. Perfect and speedy
information of what is passing in the South, might put it in your
power, perhai)s, to frame your measures by theirs. There is re-

176

ally noiliiiig to oppose tiio progress of the enoiny, northward, but
the cautious principles of tlie inilitury art. North Carolina Ik witli-
out arms. We do not abound. Those we have, are freely ira-
imrted to them, hut such is tiie state of their resourrrs, that they
iiave not b(.;en al)le to move a single musket from this State to
tlieirs. All the wagons we can collect, have been furnished to the
Marquis de Kalb, and are asseinhled for tlie march nf twenty-five
hundred men, under General Stevens, of Culpeper, who will move
on the 19th instant. ( have written to Congress to hasten supplies
of arms and military stoies for the southern Stales, and particularly
to aid us with cartridge paper and boxes, the want of which arti-
cles, small as tliey are, renders our stores useless. The want of
money cramps every effort. This will be supplied by the most
unpalatable of all substitutes, force. Your Excellency will readily
conceive, that, after the loss of one arujy, our eyes are turned to-
wards the other, and that wo comfort ourselves, if any aids can be
furnished by you, without defeating the operations more beneficial
to the general union, they will be (urnished. At tlie same time,
I am happy to find that tlie wishes of the peoph; go no further, as
far as I have an opportunity of learning their sentiments. Could
arms be fumished, I think this State and North Carolina would
embody from ten to fifteen thousand militia, immediately, and more
if necessary.

I hope, ere long, to be able to give you a more certain statement
of the enemy's as well as our situation, which I shall not fail to do.
I enclose you a letter from Major Galvan, being the second I have
forwarded to you.

With sentiments of the most perfect esteem and respect,
I have the honor to be your Excellency's

most obedient humble servant,

Th: Jeffkhson.

li

LETTER XVII.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Richmond, July 2, 1780.

I have received from llie Coinn ctee of Congress, at head
quarters, tliree letters calling for aids of men and provisions. I
beg leave to refer *ou to my letter to them, of tliis date, on those
subjects. I thought it necessary, however, to suggest to you the
preparing an arrangement of officers for the men ; for, though they

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are to supply our battalions, yet, as our whole line officers, almost,
are in captivity, I suppose sodjo temporary provision must be
made. We cheerfully transfer to you every power which the
Executive might exercise on this occasion. As it is possible you
may cast your eye on the unemployed officers now within the
State, I write to General Muhlenburg, to send you a return of
them. I tl)ink the men will be rendezvoused within the present
month. The bill, indeed, for raising thern is not actually passed,
but it is in its last stage, and no opposition to any essential parts of
it. I will take care to notify you of its passage.

I have, with great pain, perceived your situation ; and, the more
so, as, being situated between two fires, a division of sentiment has
arisen, both in Congress and here, as to which the resources of this
country should be sent. The removal of General Clinton to the
northward, must, of course, have great influence on the determi-
nation of this question ; and I have no doubt but considerable aids
may be drawn hence, for your army, unless a larger one should
be embodied in the South, than the force of the enemy there
seems to call for. I have the honor to be, with every sentiment
of respect and esteem, ht

your Excellency's

most obedient humble servant,

Th: Jefferson.*

LETTER XVIll.
TO GENERAL EDWARD STEVENS.

Sir,

Richmond, August 4, 1780.

Your several favors of July the 16di, 21st, and 22nd, are now
before me. Our smiths are engaged in making five hundred axes
and some tomanawks for General Gates. About one hundred of
these will go by the wagons now taking in their loads. As these
are for the army in general, no doubt but you will participate of
them. A chest of medicine was made up for you in Williams-
burg, and by a strange kind of forgetfulness, the vessel ordered to
bring that, left it and brought the rest of the shop. It is sent for
again, and I am not without hopes will be here in time to go by
the present wagons. They will carry some ammunition and the
axes, and will make up their load with spirits. "Tents, I fear, can-

[* See Appendix, note D.]

177

not be got in this country ; we have, however, sent out powers to
all the trading towns here, to take it wherever tliey can find it. I
write to General Gates, to try whether the duck in North Caro-
lina cannot be procured by the Executive of that State on Conti-
nental account ; for, surely, the whole army, as well our militia as
the rest, is Continental. The arms you have to spare may be de-
livered to General Gates's order, taking and furnishing us with
proper vouchers. We shall endeavor to send our drafts armed.
I cannot conceive how the arms before sent could have got into so
very bad order ; they certainly went fr* in hence in good condi-
tion. You wish to know how far the property of this State, in
your hands, is meant to be subject to the orders of the commander
in chief. Arms and military stores, we mean to be perfectly sub-
ject to him. The provisions going from this country will be for
the whole army. If we can get any tents, tliey must be appro-
priated to the use of our own troops. Medicine, sick stores, spi-
rits and such things, we expect shall be on the same footing as with
the northern army. There, you know, each State furnishes its
own troops with these articles, and, of course, has an exclusive right
to what is furnished. The money put into your hands, was meant
as a particular resource for any extra wants of our own troops, yet,
in case of great distress, you would probably not see the others suf-
fer without communicating part of it for their use. We debit
Congress with this whole sum. There can be nothing but what
is right in your paying Major Mazaret's troops out of it. I wish
the plan you have adopted for securing a return of the arms from
the militia, may answer. I apprehend any man who has a good
gun on his shoulder, would agree to keep it, and have the worth
of it deducted out of his pay, more especially, when the receipt
of the pay is at some distance. What would you think of noti-
fying to them, further, that a proper certificate that they are dis-
charged, and have returned their arms, will be required before any
pay is issued to them. A roll, kept and forwarded, of those so
discharged, and who have delivered up their arms, would supply
accidental losses of their certificates. We are endeavoring to get
bayonet belts made. The State quarter master affirms die car-
touch boxes sent from this place, (nine hundred and fifty nine in
number) were all in good condition. I therefore suppose the
tliree hundred you received in such very bad order, must have
gone from the Continental quarter master at Petersburg, or, pep-
haps, have been pillaged, on the road, of tlieir flaps, to mend shoes,
&c. I must still press the return of as many wagons as possible.
All you will send, shall be loaded witli spirits, or something else
VOL. I. 23

* 178

for the army. By their next return, we shall have a good deal of
bacon collected. The enclosed is a copy of what was reported
to me, as heretofore sent by the wagons.
I am, Sir, with the greatest esteem,

your most obedient humble servant,
is ^ Th: Jefferson.

LETTER XIX.

TO MAJOR GENERAL GATES.

Sir,

Richmond, August 15, 1780.

Your favor of August the 3rd, is just now put into my hand.
Those formerly received have been duly answered, and my replies
wiU, no doubt, have reached you before this date. My last letter
to you was by Colonel Drayton.

I spoke fully with you on the difficulty of procuring wagons
here, when I had the pleasure of seeing you, and for that reason
pressed the sending back as many as possible. One brigade of
twelve has since returned, and is again on its way with medicine,
mditary stores, and spirit. Any others which come, and as fast
as they come, shall be returned to you with spirit and bacon. I
have ever been informed, that the very plentiful harvests of North
Carolina, would render the transportation of flour from this State,
as unnecessary as it would be tedious, and that, in this point of
view, the wagons should carry hence only the articles before men-
tioned, wliich are equally wanting with you. Finding that no
great number of wagons is likely to return to us, we will imme-
diately order as many more to be bought and sent on, as we
possibly can. But, to prevent too great expectations, I must again
repeat, that I fear no great number can be got. I do assure you,
however, that neither attention nor expense shall be spared, to
forward to you every support for which we can obtain means of
transportation. You have, probably, received our order on Colonel
Lewis, to deliver you any of the beeves he may have purchased.

Tents, I fear, it is in vain to expect, because there is not in this
country stuff to make them. We have agents and commissioners
in constant pursuit of stuff, but hitherto researches have been fruit-
less. Your order to Colonel Carringion shall be immediately
communicated. A hundred copies of the proclamation shall also
be immediately printed and forwarded to you. General Muhlen-
burg is come to this place, which he will now make his head

179 »

Quarters. I think he will be able to set into motion, within a veir
few days, five hundred regulars, who are now equipped for theu-
march, except some blankets still wanting, but I hope nearly pro-
cured and ready to be delivered.

I sincerely congratulate you on your successful advances on the
enemy, and wish to do every thing to second your enterprises,
which the situation of this country, and the means and powers put
into my hands, enable me to do.

I am. Sir, with sincere respect and esteem,

your most obedient, and «

most humble servant,

Th: Jefferson.

LETTER XX.

TO His EXCELLENCY GENERAL WASHINGTON.

Sir,

Richmond, September 3, 1780.

As I know the anxieties you must have feh, since the late mis-
fortune to the South, and our latter accounts have not been quite
so unfavorable as the first, I take the liberty of enclosing you a
statement of this unlucky affair, taken from letters from General
Gates, General Stevens, and Governor Nash, and, as to some cir-
cumstances, from an officer who was in the action.* Another army
is collecting ; this amounted, on the 23rd ultimo, to between four
and five thousand men, consisting of about five hundred Maryland
regulars, a few of Hamilton's artillery, and Porterfield's corps,
Armand's legion, such of the Virginia militia as had been reclaim-
ed, and about th:ee thousand North Carolina militia, newly em-
bodied. We ar^ told they will increase these to eight thousand.
Our new recruits vfill rendezvous in this State between the 10th
and 25th instant. We are calling out two thousand militia, ^!io,
I think, however, will not be got to Hillsborough till the 25tb of
October. About three hundred and fifty regulars marched from
Chesterfield a week ago. Fifty march to-morrow, and there will
be one hundred or one hundred and fifty more from that post,
when they can be cleared of the hospital. This is as good a view
as I can give you of the force we are endeavoring to collect ; but
they are unarmed. Almost the whole small arms seem to have

[* The circumstances of the defeat of General Gates's army, near Camden,
in August, 1780, being of historicd notoriety, this statement is omitted.]

180

been lost in the late rout. There are here, on their way south-
wardly, three thousand stand of arms, sent by Congress, and we
have still a few in our magazine. I have written pressingly, as the
subject well deserves, to Congress, to send immediate supplies,
and to think of forming a magazine here, that in case of another
disaster, we may not be left without all means of opposition.

I enclosed to your Excellency, some time ago, a resolution of
the Assembly, instructing us to send a quantity of tobacco to New
York for the relief of our officers there, and asking the favor of
you to obtaiik permission. Having received no answer, I fear my
letter or your answer has miscarried. I therefore take the liberty
of repeating my application to you.

I have the honor to be, with the most profound respect,
your Excellency's

most obedient, and

most humble servant,

Th: Jefferson.

LETTER XXI.

TO GENERAL EDWARD STEVENS.

Sir,

Richmond, September 12, 1780.

Your letters of August 27th and 30th, are now before me. The
subsequent deiiertions of your militia, have taken away the neces-
sity of answering the question. How they shall be armed ? On the
contrary, as there must now be a surplus of arms, I am in hopes
you vein endeavor to reserve them, as we have not here a sufBcient
number by fifteen hundred or two thousand, for the men who will
march hence, if they march in numbers equal to our expectations.
I have sent expresses into all the counties from which those mili-
tia went, requiring the county lieutenants to exert themselves in
taking diem ; and such is the detestation with which they have
been received^ that I have heard from many counties they were
going back of themselves. You will, of course, hold courts mar-
tial on them, and make them soldiers for eight montlis. If you
will be so good as to inform me, from lime to time, how many
you have, we may, perhaps, get the supernumerary officers in the
State, to take command of them. By the same opportunities, I
desired notice to be given to the friends of the few remaining with
you, that they had lost their clothes and blankets, and recommend-
ed, that they should avail themselves of any good opportunity, to
send them supplies.

.i

181

We approve of your accommodating the hospital with medicines,
and the Maryland troops with spirits. They really deserve the
whole, and I wish we had means of transportation for much greater
quantities, which we have on hand and cannot convey. This arti-
cle we could furnish plentifully to you and them. What is to be
done for wagons, I do not know. We have not now one shilling
in the treasury to purchase them. We have ordered an active
quarter master to go to the westward, and endeavor to purchase
on credit, or impress a hundred wagons and teams. But I really
see no prospect of sending you additional supplies, till the same
wagons return from you, which we sent on with tlie last. I in-
formed you, in my last letter, we had ordered two thousand militia
more, to rendezvous at Hillsborough on the 25th of October. You
will Judge yourself, whetlier, in the mean time, you can be more
useful by remaining where you are, witli the few militia left and
coming in, or by returning home, where, besides again accommo-
dating yourself after your losses, you may also aid us in getting
those men into motion, and in pointing out such things as are
within our power, and may be useful to the service. And you will
act accordingly. I am with great friendship and esteem, dear Sir,
your most obedient, humble servant,

Th: Jefferson.

LETTER XXII.

TO GENERAL EDWARD STEVENS.

Sir,

Richmond, September 15, 17S0.

I beg leave to trouble you with a private letter, on a little matter
of my own, having no acquaintance at camp, with whom I can take
that liberty. Among the wagons impressed, for the use of your
militia, were two of mine. One of these, I know is safe, having
been on its way from hence to Hillsborough, at the time of the
late engagement. The other, I have reason to believe, was on
the field. A wagon master, who says he was near it, informs me,
the brigade quarter master cut out one of my best horses, and
made his escape on him, and that he saw my wagoner loosening
his own horse to come off, but the enemy's horse were then com-
ing up, and he knows nothing further. He was a negro man,
named Phill, lame in one arm and leg. If you will do me the
favor to enquire what is become of him, what horses are saved,
and to send them to me, I shall be much obliged to you. The

182

horses were not public property, as they were only impressed and
not sold. Perhaps your certificate of what is lost, may be neces-
sary for me. The wagon master told me, that the public money
was in my wagon, a circumstance, which, perhaps, may aid youi-
enquiries. After apologising for the trouble, I beg leave to assure
you, that I am, witli great sincerity,

your friend and servant,

Th: Jefferson.

LETTER XXIIl.

TO MAJOR GENERAL GATES.

•-•'*

Sir,

Richmond, September 33, T780.

I have empowered Colonel Carrington to have twelve boats,
scows or batteaux, built at Taylor's Ferry, and to draw on me for
the cost. I recommended the constructing diem so as to answer
the transportation of provisions along that river, as a change of po-
sition of the two armies, may render them unnecessary at Taylor's
ferry, and I am thoroughly persuaded, that, unless we can find
out some channel of transportation by water, no supplies of bread,
of any consequence, can be sent you from tliis State for a long
time to come. The want of wagons is a bar insuperable, at least
in any reasonable time. I have given orders to have Fry and
Jefferson's map, and Henry's map of Virginia, sought for and
purchased. As soon as they can be got, I will forward them. I
have also written to General Washington on die subject of winter-
ing the French fleet in the Chesapeake. Our new levies rendez-
vous in large numbers. As General Washington had constituted
them into eight battalions, and allotted none to Colonel Harrison,
we thmk to deliver him about four hundred drafts of another kind,
who are to serve eighteen months also. Unless Congress furnish
smaU arms, we cannot arm more than half the men who will go
from this State. The prize you nientioh of tents and blankets is
very fortunate. It is absolutely out of our power to get these ar-
ticles, to any amount, in this country, nor have we clothing for our
hew levies. They must, therefore, go to you clothed as militia, till
we can procure and send on supplies. They will be as warm in
their present clothing at Hillsborough, as at Chesterfield Court
House.

We have an agent, collecting all the beeves which can be got
from the counties round about Portsmoutli, to send off to you.

on.

J

183

They have there also plentiful crops of corn growing. We have
instructed him to try whether means of conveying it down into tlie
Sounds, and up some of the rivers of North Carolina, or by land
to Meherrin river, and thence down Chowan, and up Roanoke,
cannot be rendered practicable.

I am, with every sentiment of esteem and respect,
your most obedient

and most humble servant,

Th: Jefferson.

P. S. I enclose a certificate, acknov/ledging satisfaction for the
money fumislied Colcftiel Kosciusko. T. J.

•

LETTER XXIV.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Richmond, Soptembor 23, 1780.

I yesterday forwarded to you a letter from Colonel Wood, in-
forming you of his situation. That post has, for some time past,
been pretty regularly supplied, and I hope will continue to be for
some time to come. A person whose punctuality can be relied
on, offers to contract for victualling it. If we can agree on terms,
and the Assembly will strengthen our hands sufficiently, we tliink
to adopt that method, as the only one to be relied on with cer-
tainty. I have heard it hinted that Cobnel Wood thinks of quit-
ting that post. I should be exceedingly sorry, indeed, were he to
do it. He has given to those under his charge, the most perfect
satisfaction, and, at the same time, used all tlie cautions which the
nature of his charge has required. It is principally owing to his
prudence and good temper, that the late difficulties have been
passed over, almost witliout a murmur. Any influence which your
Excellency shall think proper to use, for retaining him in his pre-
sent situation, will promote the public good, and have a great ten-
dency to keep up a desirable harmony with the officers of that
corps. Our new recruits are rendezvousing very generally. Co-
lonel Harrison was uneasy^ at having none of them assigned to his
corps of artillery, who have very much distinguished themselves in
the late unfortunate action, and are reduced almost to nothing.
We happened to have about four hundred drafts, raised in the
last year, and never called out and sent on duty by their county
lieutenants, whom we have collected and are collecting. We

i

184

think to deliver these to Colonel Harrison: tliey are to serve
eighteen months from tiie time of rendezvous. The numbers of
regulars and miliua ordered from Uiis State into tlie souUiern ser-
vice, are about seven thousand. I trust we may count that fifty-
five hundred will actually proceed : but we have arnos for three
thousand only. If, therefore, we do not speedily receive a supply
from Congress, we must countermand a proper number of these
troops. Besides this supply, there should certainly be a magazine
laid in here, to provide against a general loss as well as daily waste.
When we deliver out those now in our magazine, we shall have
sent seven tliousand stand of our own into.tlie southern service,
in the course of this summer. We are still more destitute of cloth-
ing, tents and wagons for our troops. The southern army sutTers
for provisions, which we could plentifully supply, were it possible
to find means of transportation. Despairing of this, we directed
very considerable quantities, collected on the navigable waters, to
be sent norUiwardly by the quarter master. Tliis he is now do-
ing ; slowly, however. Unapprised what may be proposed by our
allies, to be done witii tiieir fleet in die course of the ensuing win-
ter, I would beg leave to intimate to you, that if it should appear
to them eligible that it should winter in the Chesapeake, they can
be well supplied with provisions, taking their necessary measures
in due time. The waters communicating with that bay furnish
easy, and (in that case) safe transportation, and dieir money will
call forth what is denied to ours.

I am, with all possible esteem and respect,
your Excellency's

most obedient and humble servant,

Th: Jefferson.

LETTER XXV.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Richmond, September 36, 1780.

The enclosed copy of a letter from Lord Cornwallis* to Co-
lonel Balfour, was sent me by Governor Rutledge : lest you
should not have seen it, I do myself the pleasure of transmitting
it, with a letter from General Harrington to General Gates giving
information of some late movements of the enemy.

[" See Appendix, note E.j

185

/'

I was honore.'* yesterday with your favor of tlie 5tli instant, on
the subject of prisoners, and particularly Lieuten int Governor
Hamilton. You are not unapprised of tlie influence of this officer
with tlie Indians, his activity and embittered zeal against us. You
also, perhaps, know how precarious is our tenure of the Illinois
count^, and liow critical is the situation of the new counties on
the Ohio. These circiunstances determined us to detain Governor
Hamilton and Major Hay within our power, when we delivered up
the other prisoners. On a late representation from die people of
Kentucky, by a person sent here from that country, and expres-
sions of what they had reason to apprehend from th?so two pri-
soners, in the event of their liberation, we assured tliem they
would not be parted with, though we were giving up our odier

Imsoners. Lieutenant Colonel Dabusson, aid to Baron de Kalb,
ately came here on his parole, with an offer from Lord Rawdon,
to exchange him for Hamilton. Colonel Towles is now here with
a like proposition for himself, from General Phillips, veiy strongly
urged by the General. These, and other overtures, do not lessen
our opinion of the importance of retaining him ; and they have
been, and will be, uniformly rejected. Should the setUement, in-
deed, of a cartel become impracticable, without the consent of
the States to submit tlieir separate prisoners to its obligation, we
will give up these two prisoners, as we would any thing, rather
than be an obstacle to a general good. But no other circum-
stance would, I believe, extract them from us. These two gentle-
men, with a Lieutenant Colonel EUigood, are the only separate
prisoners we have retained, and the last, only on his own request,
and not because we set any store by him. There is, indeed, a
Lieutenant Governor Rocheblawe of Kaskaskle, who has broken
his parole and gone to New York, whom we must shortly trouble
your Excellency to demand for us, as soon as we can forward to
you the proper documents. Since the forty prisoners sent to
Winchester, as mentioned in my letter of the 9th ultimo, about
one hundred and fifty more have been sent thither, some of them
taken by us at sea, others sent on by General Gates.

The exposed and weak stale of our western setdements, and
the danger to which they are subject from the northern Indians,
acting under the influence of the British post at Detroit, render it
necessary for us to keep from five to eight hundred men on duty,
for their defence. This is a great and perpetual expense. Could
that post be reduced and retained, it would cover all the States to
the southeast of it. We have long meditated the attempt under
the direction of Colonel Clarke, but the expense would be so great,
that whenever we have wished to take it up, this circumstance has
VOL. I. 24

186

obliged us to decline it. Two different estimates make it amount to
two millions of pounds, present money. Wc could furnish the men,
provisions, and every necessary, except powder, had we the mo-
ney, or could the demand from us be so far supplied from other
quarters, as to leave it in our power to apply such a sum to that
purpose ; and, when once done, it would save annual expenditures to
a great amount. When I speak of furnishing die men, I mean they
should be militia, such being the popularity of Colonel Clarke,
and tlie confidence of the western people in hini, that he could raise
the requisite number at any time. We, therefore, beg leave to
refer tnis matter to yourself, to determine whether such an enter-
prise would not be for the general good, and if you think it would,
to authorise it at the general expense. This is become Uie more
reasonable, if, as I understand, the ratification of the Confedera-
tion has been rested on our cession of a part of our western
claim ; a cession which, (speaking my private opinion,) I verily
believe will be agreed to, if the quantity demanded is not unrea-
sonably great. Should Uiis proposition he approved of, it should
be immediately made known to us, as the season is now coming
on, at which some of the preparations must be made. The time
of execution, I think, should be at the time of the breaking up of
tlie ice in the Wabash, and before the lakes open. The interval,
I am told, is considerable.

I have the honor to be, &:c.

your most obedient and humble servant,

Th: Jefferson.

LETTER XXVI.

TO MAJOR GENERAL GATES.

Sir,

Richmond, October 4, 1780.

My letter of September 23rd, answered your favors received
before that date, and the present serves to acknowledge the re-
ceipt of those of September 24th and 27th. I retain in mind, and
recur, almost daily, to your requisitions of August ; we have, as yet,
no prospect of more than one hundred tents. Flour is ordered
to be manufactured, as soon as the season will render it safe ; out
of which, I trust, we can furnish not only your requisition of Au-
gust, but that of Congress of September 1 1th. The com, you
desire, we could furnish when tlie new crops come in, fully, if
water transportation can be found ; if not, we shall be able only to

187

send vou what Hes convenient to the soutlicm boundary, in which
neighborhood, tlie crops have been much abridged by a flood in
Roanoke. We have no rice. Rum and other spirits, wo can fur-
nish to a greater amount than you require, as soon as our wagons
are in readiness, and siiall be glad to commute into that article
some otlicrs which we have not, particularly sugar, coffee and salt.
The vinegar is provided. Colonel Finnic promised to furnish to
Colonel Muter, a list of the spades, hoes, he. which could bo fur-
nished from the Continental stores. This list has never yet come
to hand. It is believed, the Continental stores here, will fall litdo
short of your requisition, except in tlie article of axes, which
our shops are proceeding on. Your infonnation of September
24th, as to the quality of the axes, has boen notified to die workmen,
and will, I hope, have a proper effect on those made hereafter.
Application has been made to the courts, to have the bridges put
in a proper state, which they have promised to do. We are en-
deavoring agairj to collect wagons. About twenty are nearly
finished at this place. We employed, about three weeks ago,
agents to purchase, in the western counties, a hundred wagons
and teams. Till these can be got, it will be impossible to furnish
any thing from this place. I am exceedingly pleased to hear of
your regulation for stopping our wagons at Roanoke. This will
put it in our power to repair and replace them, to calculate their
returns, provide loads, and will be a great encouragement to in-
crease their number, if possible, as tlieir departure hence will no
longer produce the idea of a final adieu to them.

Colonel Senf arrived here the evening before the last. He was
employed yesterday and to-day, in copying some actual and accu-
rate surveys, which we had had made of the country round about
Portsmoudi, as far as Cape Henry to the eastward, Nansemond
river to the westward, the Dismal Swamp to the southward, and
northwardly, the line of country from Portsmoutli by Hampton
and York, to Williamsburg, and including the vicinities of these
three last posts. This will leave him nothing to do, but to take
drawings of particular places, and the soundings of such waters as
he thinks material. He will proceed on this business to-morrow,
with a letter to General Nelson, and jwwers to call for the attend-
ance of a proper vessel.

I suppose, that your drafts in favor of the quarter master, if
attended with sixty days grace, may be complied wiUi to a cer-
tain amount. We will certainly use our best endeavors to an-
swer them. I have only to desire that they may be made paya-
ble to die quarter master alone, and not to the bearer. This is to
prevent the mortification of seeing an unapprised individual taken

188

in by an assignment of them, as if they were reculy money. Your
letter to Colonel Finnie will go to Williamsburg immediately.
Those to Congress, with a copy of the papers enclosed to me,
went yesterday by express. I will take order as to the bacon
you mention. I fear there is litUe of it, and that not capable of
being long kept. You are surely not uninformed, that Congress
required the greater part of this article to be sent northward,
which has been done. 1 hope, by this time, you receive supplies
of beeves from our commissary, Mr. £aton, who was sent three
weeks or a month ago, to exhaust of that article the counties be-
low, and in the neighborhood of Portsmouth ; and from thence,
was to proceed to other counties, in order, as they stood exposed
to an enemy.

The arrival of the French West India fleet (which, though not
authentically communicated, seems supported by so many concur-
ring accounts from individuals, as to leave scarcely room for doubt,)
will, I hope, prevent the enemy from carrying into efFpct, the embark-
ation they had certainly intended from New York, though they are
strengthened by the arrival of Admiral Rodn«y, at that place,
with xwelve sail of the line and four frigates, as announced by
General Washington to Congress, on the 19th ultimo. The ac-
counts of the additional French fleet, are varied, from sixteen to
nineteen ships of the line, besides frigates. The number of the
latter has never been mentioned. The extracts of letters, which
you will see in our paper of this day, are from General Washing-
ton, President Huntington and our Delegates in Congress to me.
That from Bladensburg, is from a particular acquaintance of mine,
whose credit cannot be doubted. The distress we are experien-
cing from want of leather to make shoes, is great. I am sure you
have thought of prevenriig it in future, by the appointment of a
commissary of hides, or some other good regulation for saving and
tanning tlie hides, which the consumption of your arn.^ \vt31 afford.

I have the honor lo be, with all possible esteem and respect. Sir,
your most obedient, and

most humble servant,

Th: Jefferson.

m

189

,H

LETTER XXVII.

TO GENERAL GATES.

Sir,

Richmond, October 15, 1780.

I am rendered not a little anxious by the paragraph of yours of
the 7tli instant, wherein you say, ' it is near a month since I re-
ceived any letter from your Excellency ; indeed, the receipt of
most that I have written to you, remain unacknowledged.' You
ought, within diat time, to have received my letter of September
the 3rd, written immediately on my return to tliis place, after a fort-
night's absence ; that of September the 1 1th, acknowledging the
receipt of yours which covered drafts for money ; tliat of Sep-
tember the 23rd, on the subject of batteaux at Taylor's ferry,
wagons, maps of Virginia, wintering tlie French fleet in the Chesa-
peake, our new levies, and provisions from our lower counties ; and
that of October the 4th, in answer to yours of September the
24th, and 27th. I begin to apprehend treacheiy in some part of
our chain of expresses, and beg the favour of you, in your next,
to mention whether any, and which of tliese letters have come
to hand. This acknowledges the receipt of yours of September
the 28th, and October the 3rd, 5th, and 7th. The first of these
was delivered four or five days ago by Captain Drew. He will
be permitted to return as you desire, as we would fulfil your
wishes in every point in our power, as well as indulge the ardor
of a good officer. Our militia from the western counties, are now
on their inarch to join you. They are fond of the kind of service
in which Colonel Morgan is generaUy engaged, and are made
very happy by being informed you intend to put them under him.
Such as pass by this place, take muskets in their hands. Those
from the southern counties beyond the Blue Ridge, were advised
to carry their rifles. For those who carry neither rifles nor mus-
kets, as well as for our eighteen months men, we shall send on
arms as soon as wagons can be procured. In the mean time, I
had hoped that there were arms for those who should first arrive
at Hillsborough, as by General Stevens' return, dated at his de-
parture tlience, there were somewhere between five and eight
hundred muskets (I speak from memory, not having present access
to the return) belonging to diis State, either in the hands of the
few militia who were there, or stored. Captain Fauntleroy, of
the cavalry, gives me hopes he shall immediately forward a very
considerable supply of accoutrements, for Whitens ^nd Wasliing-

\

\

190

ton's cavalry. He told me yesterday, he had received one hun-
dred and thirteen horses for uiat service, from us. Besides these,
he had rejected sixty odd, after we had purchased them, at £3000
a piece. Nelson's two troops were returned to me, deficient only
twelve horses, since which, ten have been sent to him by Lieu-
tenant Armstead. I am not a little disappointed, therefore, in the
number of cavahy fit for duty, as mentioned in the letter you en-
closed me. Your request (as stated in your letter of the 7th) that
we will send no men mto the field, or even to your camp, that arc
not well furnished with shoes, blanketi.^ and every necessary for
immediate service, would amount to a stoppage of every man ; as
we have it not in our power to furnish them with real necessaries
completely. I hope they will be all shod. What proportion will
have blankets I cannot say : we purchase every one which can be
found out ; and now I begin to have a prospect of furnishing about
half of them with tents, as soon as they can be made and for-
warded. As to provisions, our agent, Eaton, of whom I before
wrote, informs me in a letter of the 5th instant, he shall imme-
diately get supplies of beef into motion, and shall send some com
by a circuitous navigation. But till we receive our wagons fi"<Mn
the western country, I cannot hope to aid you in bread. I expect
daily to see wagons coming in to us. The militia were ordered to
rendezvous at Hillsborough, expecting they would thence be or-
dered by you into service. I send you herewith, a copy of Hen-
ry's map of Virginia. It is a mere cento of blunders. It may
serve to give you a general idea of the courses of rivers, and po-
sitions of counties. We are endeavoring to get you a copy of
Fry and Jefferson's ; but they are now very scarce. I also en-
close you some newspapers, in which you will find a detail of
Arnold's apostacy and villany.

I am, with all sentiments of sincere respect and esteem,
Sir, your most obedient,

and most humble servant,

Th: Jefferson.

P. S. Just as I was closing my letter, yours of the 9th instant,
was put into my hands. I enclose by this express, a power to Mr.
Lambe, quarter master, to impress for a month, ten wagons fix)m
each of the counties of Brunswic>, Mecklenburg, Lunenburg,
Charlotte, and Halifax, and direct him to take your orders,
whether they shall go first to you, or come here. If the latter,
we can load tiiem with arms and spirits. Before their month is out,
I hope the hundred wagons from the westward will have come in.
We will otherwise provide a relief for these. I am perfectly as-

191

tonished at your not having yet received my letters before men-
tioned. I send you a copy of that of the 4th of October, as
being most material. I learn, from one of General Muhlenburg's
family, that five wagons have set out fix)m hence, with three hun-
dred stand of arms, &c. However, the General writes to you
himself. T. J.

LETTER XXVIII.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Richmond, October 22, 1780.

I have this morning received certain information of the arrival
of a hostile fleet in our bay, of about sixty sail. The debarkation
of some light horse, in the neighborhood of Portsmouth, seems to
indicate that as the first scene of action. We are endeavoring to
collect as large a body to oppose them, as we can arm : this will
be lamentably inadequate, ii the enemy be in any force. It is
mortifying to suppose that a people, able and zealous to contend
with their enemy, should be reduced to fold their arms for want
of the means of defence. Yet no resources, that we know of,
ensure us against this event. It bar. become necessary to divert
to this new o^ect, a considerable part of the aids we had destined
for General Gates. We are still, however, sensible of the neces-
sity of supporting him, and have left that part of our country nearest
him uncalled on, at present, that they may reinforce him as soon
as arms can be received. We have called to the command of our
forces. Generals Weeden and Muhlenburg, of the line, and Nel-
son and Stevens of the militia. You will be pleased to make to
these such additions as you may think proper. As to the aids of
men, I ask for none, knowing Uiat if the late detachment of the
enemy shall have left it safe for you to spare aids of that kind,
you will not await my application. Of the troops we shall raise,
there is not a single man who ever saw the face of an enemy.
Whether the Convention troops will be removed or not, is yet un-
determined. This must depend on the force of the enemy, and
the aspect of their movements.
I have the honor to be

your Excellency's most obedient

humble servant,

Th: Jefferson.

192

LETTER XXIX.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Richmond, October 25, 1780.

I take the liberty of enclosing to you letters from Governor Ha-
milton, for New York. On some representations received by
Colonel Towles, that an indulgence to Governor Hamilton and his
companions to go to New York, on parole, would produce the
happiest effect on the situation of our officers in Long Island, we
have given him, Major Hay, and some of die same party at Win-
chester, leave to go there on parole. The two former go by wa-
ter, the latter by land.

By this express I hand on, from General Gates to Congress,
intelUgence of the capture of Augusta, in Georgia, with conside-
rable quantities of goods ; and information, which carries a fair
appearance, of the taking of Georgetown, in South Carolina, by a
party of ours, and that an army of six thousand French and Spa-
niards had landed at Sunbury. This is the more credible, as
Comwallis retreated froiii Charlotte on the 12th instant, with great
marks of precipitation. Since my last to you, informing you of
an enemy's fleet, they have landed eight hundred men in the
neighborhood of Portsmouth, and some more on the bay side of
Princess Anne. One thousand infantry landed at New-ports-news,
on the morning of the 23rd, and immediately took possession of
Hampton. The horse were proceeding up the road. Such a
corps as Major Lee's would be of infinite service to us. Next to
a naval force, horse seems to be most capable of protecting a
country so intersected by waters.

I am, with the most sincere esteem,

your Excellency's most obedient
and most humble servant,

Th: Jefferson.

LETTER XXX.

TO His EXCELLENCY GENERAL WASHINGTON.

Sir,

Richmond, October 26, 1780.

The Executive of this State think it expedient, under our pre-
sent circumstances, that the prisoners of war under the Convention

193

of Saratoga, be removed from their present situation. It will be
impossible, as long as they remain with us, to prevent the hostile
army from being reinforced by numerous desertions from this
corps; and this expectation may be one among the probable
causes of this movement of the enemy. Should, moreover, a res-
cue of them be attempted, the extensive disaffection which has of
late been discovered, and the almost total want of arms in the hands
of our good people, render die success of such an enterprise by
no means desperate. The tear of this, and the dangerous con-
vulsions to wluch such an attempt would expose us, divert the at-
tention of a very considerable part of our militia, from an opposi-
tion to an invading enemy. An order has been, therefore, this
day issued to Colonel Wood, to take immediate measures for their
removal ; and every aid has been, and will be given him, for
transporting, guarding and subsisting them on the road, which our
powers can accomplish. Notice hereof is sent to his Excellency
Governor Lee, on whose part, I doubt not, necessary preparations
will be made.
I have the honor to be, with the greatest esteem and respect,
your Excellency's

most obedient, and

most humble servant,

Th: Jefferson.

LETTER XXXI.

TO GENERAL GATES.

Sir,

Richmond, October 28, 1780.

Your letters of the 14th, 20th and 21st have come to hand,
and your despatches to Congress have been regularly forwarded
I shall attend to the caveat against Mr. Ochiltree's bill. Your let-
ter to Colonel Senf remains still in my hands, as it did not come
till the enemy had taken possession of the ground, on which I
knew him to have been, and I have since no certain information
where a letter might surely find him. My proposition as to your
bills in favor of die quarter master, referred to yours of Sep
tember 27th. I have notified to the Continental quarter master,
your advance of nine hundred dollars to Cooper. As yet, we
have received no wagons. I wish Mr. Lambe may have supplied
you. Should those fix>m the western quarter not come in, we
VOL. I. 25

104 0

will authorise bim or aorae <Hher, to procure a relief, in time, for
those first impressed. We are upon the eve of a new arrangement
as to our commissar}''s and quarter master's departments, as the
want of money, introducing its substitute force, requires the es-
tablishment of a different icind of system.

Since my first information to you of the arrival of an enemy,
they have landed about eight hundred men near ' Portsmoutli,
some on tlie bay side of Princess Anne, one thousand at Hamp-
ton, and sull retained considerable part on board their ships.
Those at Hampton, after committing horrid depredations, have
again retired to their ships, which, on the evening of the 26th,
were strung along tlie Road from New-ports-news, to the mouth of
Nansemond, which stems to indicate an intention of coming up
James river. Our information is, tliat they have from four to five
thousand men, commanded by General Leslie, and that they have
come under convoy of one forty gun ship, and some frigates (how
many, has never been said,) commanded by Commodore Rodney.
Would it not be worth while to send out a swift boat from some
of the inlets of Carolina, to notify the French Admiral that his
enemies are in a net, if he has leisure to close the mouth of it ?
Generals Muhlenburg and Nelson, are assembling a force to be
ready for them, and General Weeden has come to this place,
where he is at present employed in some arrangements. We
have ordered the removal of the Saratoga prisoners, that we may
have our hands clear for these new guests.

I have the honor to be, with the most perfect esteem and
respect. Sir,

your most obedient, and

most humble servant,
» Tk: Jefferson.

LETTER XXXIt.

rro HIS EXCELLENCY GENERAL WASHINGTON.

Richmond, November 3, 1780.
Sir,

Since I had the honor of writing to your Excellency, on the
26th ultimo, the enemy have withdrawn their forces from the
North side of James river, and have taken post at Portsmouth,
whioht we learn, daey are fortifying. Their liighest pst is Suf-
Mk, where there is a y^vy narrow and defensible pass between

195

•i •

Nanssmond rhrer and the Dismal Swamp, which covers the coun-
tiy below, from being entered by us. More accurate information
of their ibrce, tlian we at first had, gives us reason to suppose them
to be from twenty-five hundred to three thousand strong, of which,
between sixty and seventy are cavalry. They are commanded by
General Leslie, and were convoyed by the Romulus, of forty guns,
the Blonde, of thirty-two guns, the Delight sloop, of sixteen, a twenty
gun ship of John Goodwick's, and two row gallies, commanded by
Commodore Grayton. We are not assured, as yet, that they have
landed their whole force. Indeed, they give out themselves, that
after drawing the force of this State to Suffolk, they mean to go
to Baltimore. Their movements had induced me to think they
came with an expectation of meeting with Lord Cornwallis in this
country, that his precipitate retreat has left them without a con-
certed ol»ect, and that they were waiting further orders. Infor-
mation of this morning says, that being informed of Lord Com-
wallis's retreat, and a public paper having been procured by them,
wherein were printed the several dispatches wliich brought this
intelligence from General Gates, they unladed a vessel and sent
her off to Charleston immediately. The fate of this army of tbeurs
bangs on a very slender naval force, indeed.

The want of barracks at fort Frederick, as represented by Co-
lonel Wood, the difficulty of getting wagons sufficient to move the
whole Convention troops, and the state of uneasiness in which
the regiment of guards is, have induced me to think it would be
better to move diese troops in two divisions ; and as the whole
danger of desertion to the enemy, and correspondence with the
disadlected in our southern counties, is from the British only, (for
from the Germans we have no apprehensions on either head,) w«
have advised Colonel Wood to move on the British in the first di-
vision, and to leave the Germans in their present situation, to form
a second division, when barracks may be erected at fort Frederick.
By these means, the British may march immediately under the
guard of Colonel Crochet's battalion, while Colonel Taylor's regi-
ment of guards remains with the Germans. I cannot suppose this
will be deemed such a separation as is provided against by the
Convention, nor that their officers will wish to have the whole
troops crowded into barracks, probably not sufficient for half of
them. Should they, however, insist on their being kept together,
I suppose it would be the opinion that the second division should
follow the first as soon as possible, and that their being exposed, in
that case, to a want of covering, would be justiy imputable to them-
selves only. The delay of the second division, will lessen the dis-

:\

.

196

tress for povisions, which may, perhaps, take place on tlieir first
going to the new post, before matters are properly arranged.
I have the honor to be, with great esteem and respect,
your Excellency's

most obedient and

most humble servant,

Th: JErrERsoN.

LETTER XXXIII.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Richmond, November 10, 1780,

I enclose your Excellency a copy of an intercepted letter from
Major General Leslie, to Lord Comwallis.* It was takpn from
a person endeavoring to pass through the country from Portsmouth
towards Carolina. When apprehended, and a proposal made to
search him, he readily consented to be searched, but, at the same
time, was observed lo put his hand into his pocket and carry some-
thing towards his mouth, as if it were a quid of tobacco : it was
examined, and found to be a letter, of which the enclosed is a
copy, written on silk paper, rolled up in gold beater's skin, and
nicely tied at each end, so as not to be larger than a goose quill.
As this is the first authentic disclosure of their purpose in coming
here, and may serve to found, with somewhat more of certainty,
conjectures respecting their future movements, while their disap-
pointment in not meeting with Lord Cornwallis, may occasion new
plans at New York, I tliought it worthy of communication to your
Excellency.

Some deserters were taken yesterday, said to be of the British
Convention troops, who had found means to get to the enemy at
Portsmouth, and were seventy or eighty miles on their way back
to the barracks, when they were taken. They were passing un-
der the guise of deserters from Portsmouth.

I have the honor to be, with the greatest esteem and respect,
your Excellency's most obedient

and most humble ser^nt,

Th: Jefferson.

[* See Appendix, note F.]

197

raiMUttt't^i

''S'BRPWr''

LETTER XXXIV.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Richmond, November 96, 1780.

I have been honored with your Excellency's letter of the 8th
instant. Having found it impracticable to move, suddenly, the
whole Conven ;ion troops, British and German, and it being rep-
resented that there could not, immediately, be covering provided
for them all at Fort Frederick, we concluded to march off the
British first, from whom was the principal danger of desertion,
and to permit the Germnns, who shew little disposition to join the
enemy, to remain in theti present quarters till something further be
done. The British, accordingly, marched the 20th instant. They
cross the Blue Ridge at Rock Fish gap, and proceed along that
valley. I am to apprise your Excellency, that the officers of every
rank, both British and German, but particularly the former, have
purchased within this State some of the finest horses in it. You
will be pleased to determine, whether it be proper that they carry
them within their lines. I believe the Convention of Saratoga
entitles them to keep the horses they then had. But I presume
none of tlie line below the rank of field officers, had a horse.
Considering the British will be now at Fort Frederick, and the
Germans m Albemarle, Alexandria seems to be the most central
point to which there is navigation. Would it not, therefore, be
better that the flag vessel, solicited by General Phillips, should go
to that place ? It is about equally distant from the two posts. The
roads to Albemarle are good. I know not how tliose are which
lead to Fort Frederick. Your letter referring me to General
Green, for the mode of constructing light portable boats, unfortu-
nately, did not come to hand till he had left us. We had before
determined to have something done in tliat way, and as they are
still unexecuted, we should be greatly obliged by any draughts or
hints, which could be given by any person within the reach of your
Excellency. - v*^

I received advice, that on the 22nd instant, tlie enemy's fl? t
got all under way, and were standing towards the capes : as it stil
remained undecided, whether they would leave the bay, or turn
up it, I waited the next stage of information, that you might so
far be enabled to judge of their destination. This I hourly ex-
pected, but it did not come till this evening, when I am informed
they all got out to sea in the night of the 22nd. What course

196

«.!>

they fteered afterwards, is not known. I must do their General
and Commander the Justice to say, that in every case to which
their attention and influence could reach, as far as I have been
well informed, their conduC as such as does them the greatest
honor. In the few instances > "anton and unnecessary devasta-
tion, they punished the aggres^^ d.
1 have the honor to be,

your Excellency's *

most obedient humble servant,

Th: Jefferson.

LETTER XXXV.

TO HIS EXCELLENCY GENERAL WASHINGTON.

4«

i/ri

Sir,

Richmond, December 15, 1780.

I had the honor of writing to your Excellency on the subject of
an expedition contemplated by this State, against the British post
Rt Detroit, and of receiving your answer of October the 10th.
Since the date of my letter, the lace of things has so far changed,
as to leave it no longer optional in us to attempt or decline the
expedition, but compels us to decide in the affirmative, and to be-
gin our preparations immediately. The anny the enemy at pre-
sent have in the south, the reinforcements still expected there, and
their determination to direct their future exertions to that quarter,
are not unknown to you. The regular force proposed on our part
to counteract those exertions, is such, either from the real or sup-
posed inability of this State, as by no means to allow a hope that it
may be effectual. It is, therefore, to be expected that the scene of
war will either be within our country, or very nearly advanced to
it ; and that our principal dependance is to be on mUitia, for which
reason, it becomes incumbent to keep as great a proportion of our
people as possible, free to act in that quarter. In the mean time,
a combination is forming in the westward, which, if not diverted,
will call thither a principal and most valuable part of our militia.
From intelligence received, we have reason to expect that a con-
federacy of British and Indians, to the amount of two thousand
men, is formed for the purpose of spreading destruction and dis-
may through tlie whole extent of our frontier, in the ensuing
spring. Should this take place, we shall certainly lose in the South
all aids of militia beyond the Blue Ridge, besides the inhabitants
who must fall a sacrifice in the course of the savage hruptions.

|9»

There leema to be but one method of preventing this, whith ifi
to give the western enemy employment ia their own comtry.
The regular force Colonel Clarke already hai, with a proper
draft from the militia beyond tli' AUegaiiey, and tliat of three or
four of our most northern counties, will be adequate to tlie reduc-
tion of Fort Detroit, in the opinion of Colonel Clarke ; and he a»>
signs the most probable reasons for that opinion. We have, there-
fore, determined to undertake it, and commit it to his direction.
Whether the expense of the enterprise shall be defrayed by the Con-
tinent or State, we will leave to be decided hereafter, by Congress,
in whose justice we can confide, as to the determination. In the
mean dine, we only ask tlie loan of such necessaries as, being al-
ready at Fort Pitt, will save time and an immense expense of
transportation. These articles shall eiUier be identically or speci-
fically relumed ; should we prove successful, it is not improbable
tliey may be where Congress would choose to keep them. I am,
herefore, lo solicit your Excellency's order to the commandant
at Fort Pitt, for die articles contained in the annexed list, which
shall not be called for until every thing is in readiness ; after which,
there can be no danger of dieir being wanted for the post at which
they are : indeed, Uiere are few of the articles essential for the
defence of the post.

1 hope your Excellency will think yourself justified in lending
us diis aid, without awaiting the effect of an application elsewhere,
as such a delay would render the undertaking abortive, by post-
poning it to the breaking up of the ice in the lake. Independent
of the favorable effects, which a successful enterprise against De-
troit must produce to the United States, in general, by keeping
in quiet the frontier of the northern ones, and leaving our western
militia at liberty to aid those of the South, we think the like
firiendly office performed by us to the States, whenever desired,
and almost to the absolute exhausture of our own magazines, give
well founded hopes that we may be accommodated on this occa-
sion. The supplies of military stores, which have been furnished
by us to Fort Pitt itself, to the northern army, and, most of all, to
the southern, are not altogetiier unknown to you. I am the more
ui^ent for an immediate order, because Colonel Clarke awaits
here your Excellency's answer by the express, though his prie-
sence in the western country, to niake preparations for the expe-
dition, is so very necessary, if you enable him to undertake it.
To the above, 1 must add a request to you to send for us to Pitts-
burg, persons proper to work the mortars, &c. as Colonel Clarke
has none such, nor is there one in this State. They shall be in

.*-•

u

the pty of this State, (mm the time they leave you. ' Aiiy moiioy
neceMtfy for their journey, shall be repaid at Pitt8l)urg, without
liul, by the first of March.

At the deiire of tlie General Assembly, 1 take tlie liberty of
transmitting to you the enclosed resolution ; and have the honor
to be, with the most perfect esteem and regard,
your Excellency's

most obedient, and

most humble servant,

k Th: JEft't-CRSUN.

LKTTER XXXVI.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Richmond, January 10, 17dl>

It may seem odd, considering the important events which have
taken place in this State widiin the course of ten days, that I
should not huve transmitted an account of them to your Excel-
lency ; but such has been their extraordinary rapidity, and such
the unremitted attenuon they have required from all concerned in
government, tliat I do not recollect the portion of time which I
could have taken to commit them to paper.

On the 31st of December, a letter from a private genUeman to
General Nelson, came to my hands, notifying, that in the morn-
ing of the preceding day, twenty-seven sail of vessels had entered
the capes ; and from the tenor of the letter, we had reason to
expect, within a few hours, further intelligence ; whether they
were friends or foes, their force, and other circumstances. We
immediately despatched General Nelson to the lower country,
with powers to call on the militia in that quarter, or act otherwise
as exigencies should require ; but waited further intelligence, be-
fore we would call for militia from the middle or upper country.
No further intelligence came till the 2nd instant, when the former
was confirmed ; it was ascertained they had advanced up James
river to Wanasqueak bay. All rrangements were immediately
taken, for calling in a sufficient body of militia for opposition. In
the night of the 3rd, we received advice that they were at anchor
opposite Jamestown ; we then supposed Williamsburg to be their
object. The wind, however, which had hitherto been unfavora-
ble, shifted fair, and the tide being also in their favor, they aw
cended the river to Kennons' that evening, and, with the next tide.

201

of

came up tu Westuver, having, on their way, takun possession of
some works we had at Hood's, by which two or tnrcu of their
vessels received some damage, but which were of necessity aban-
doned by tile small garrison of fifty men placed there, on the
enemy's landing to invest the works. Intelligence of their having
quitted tiio station at Jamestown, from which we sup|)osed they
meant to land for Williamsburg, and of tlieir having got in the
evening to Kennon's, reached us the next morning at five o'clock,
and was the first indication of their meaning to penetrate towards
tliis place or Petersburg. As die orders for drawing militia here,
had been given but two days, no opposition was in readiness.
Every effort was Uicrefore necessary, to withdraw the arms and
oUier military stores, records, fiic. from Uiis place. Every effort
was, accordingly, exerted to convey them to tlie foundery five
miles, and to a laboratory six miles, above this place, till about
sunset of Umt day, when we learned die enemy had come to an
anchor at Westover that morning. We tlien knew that this, and
not Petersburg was their object, and began to carry across the
river every thing remaining here, and to remove what had been
transported to the foundery and laboratory to Westham, the
nearest crossing, seven miles above this place, which operation
was continued till tJiey had approached very near. They march-
ed from Westover, at two o'clock in the afternoon of the 4th, and
entered Richmond at one o'clock in die afternoon of tlie 5Ui. A
regiment of infantry and about thirty horse continued on, wiUiout
halting, to the foundery. They burnt that, the boring mill, die
magazine and two other houbcs, and proceeded to Westham ; but
nodiing being in their power there, they retired to Richmond.
The next morning, they burned some buildings of public and private
property, with what stores remained in them, destroyed a great
quantity of private stores, and about twelve o'clock, retired to-
wards Westover, where they encamped within the neck, the next
day.

The loss sustained, is not yet accurately known. As far as 1
have been able to discover, it consisted, at tliis place, of about
three hundred muskets, some soldiers' clothing to a small amount,
some quarter master's stores, of which one hundred and twenty
sides of leather was the principal article, part of the artificers' tools,
and three wagons. Besides which, five brass four pounders
which we had sunk in the river, were discovered to them, raised
and carried off. At the foundery, we lost the greater part of the
papers belonging to the Auditor's office, and of the books and pa-
pers of the Council office. About five or six tons of powder, as
we conjecture, was thrown into the canal, of which there will be
VOL. I. 26

■■■nn

202

a considerable saving by re-manufacturing it. The roof of the
foundery was burned, but the stacks of chimneys and furnaces
not at all injured. The boring mill was consumed. Within less
than forty-eight hours from the time of their landing, and nineteen
from our knowing their destination, they had penetrated thirty-
three miles, done the whole injury, and retired. Their numbers,
from the best intelligence I have had, are about fifteen hundred
infantry, and as to their cavalry, accounts vary from fifty to one
hundred and twenty ; the whole commanded by the parricide
Arnold. Our militia, dispersed over a large tract of country, can
be called in but slowly. On tlie day the enemy advanced to this
place, two hundred only were embodied. They were of this
town and its neighborhood, and were too few to do any thing.
At this time, they are assembled in pretty considerable numbers
on tlie south side of JamQS river, but are not yet brought to a point.
On the north side are two or three small bodies, amounting in the
whole, to about nine hundred men. The enemy were at four
o'clock yesterday evening, still remaining in their encampment at
Westover and Berkeley neck. In the mean while, Baron Steu-
ben, a zealous friend, has descended from the dignity of his pro-
per command to dii-ect our smallest movements. His vigilance
has, in a great measure, supplied the want of force in preventing
the enemy from crossing the river, which might have been very
fatal. He has been assiduously employed in preparing equip-
ments for the militia, as they should assemble, in pointing them to
a proper object, and in other offices of a good commander.
Should they loiter a little longer, and he be able to have a suffi-
cient force, I still flatter myself they will not escape with total im-
punity. To what place they will point their next exertions, we
cannot even conjecture. The whole country on the tide waters
and some distance from them, is equally open to similar uisult. I
have the honor to be, witli every sentiment of respect,
your Excellency's

most obedient, and

most humble servant,

Th: Jefferson.

203

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LETTER XXXVIl.

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS.

i\

Sir,

Richmond, January 15, 1781.

As tlie dangers which threaten our western frontiers, the ensuing
spring, render it necessary that we should send thither Colonel
Crocket's battalion, at present on guard at Fredericktown, but raised
for the western service, I thought it necessary to give your Excel-
lency previous information thereof, that other forces may be pro-
vided in time to succeed to their duties. Captain Read's troop
of horse, if necessary, may be continued a while longer on guard.
I have the honor to be, with the greatest respect,
your Excellency's most obedient,

and most humble servant,

Th: Jefferson.

LETTER XXXVIII.

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS.

Sir,

Richmond, January 15, 1781.

I received some time ago from Major Forsyth, and afterwarda
from you, a requisition to furnish one half the supplies of provision
for the Convention troops, removed into Maryland. I should
sooner have done myself the honor of writing to you on this sub-
ject, but that I hoped to have laid it before you more fully than
could be done in writing, by a gentieman who was to pass on other
public business to Philadelphia. The late events in tliis State
having retarded his setting out, I think it ray duty no longer to
postpone explanation on this head.

You cannot be unapprised of the powerful armies of our ene-
my, at this time in this and the southern States, and that their
future plan is to push their successes in the same quarter, by still
larger reinforcements. The forces to be opposed to these, must
be proportionably great, and these forces must be fed. By whom
are they to be fed? Georgia and South Carolina are annihilated,
at least, as to us. By the requisition to us to send provisions into
Maryland, it is to be supposed that none are to come to the southern
army, from any State north of this ; for it would seem inconsis-

204

'

tent, that while we should be sending North, Maryland and other
States beyond that, should be sending their provisions South.
Upon North Carolina, then, already exhausted by the ravages of
two armies, and on this State, are to depend for subsistence those
bodies of men, who are to oppose the greater part of the enemy's
force in the United States, the subsistence of the German, and
of half the British Conventioners. To take a view of this matter
on the Continental requisitions of November the 4th, 1780, for
specific quotas of provisions, it is observable that North Carolina and
Virginia, are to furnish 10,475,740 pounds of animal food, and
13,529 barrels of flour, while the States north of these, will yield
25,293,810 pounds of animal food, and 106,471 barrels of flour.

If the greater part of the British armies be employed in the
South, it is to be supposed that the greater part of the American
force will be sent there to oppose them. But should this be the
case, while the distribution of the provisions is so very unequal,
would it be proper to render it still more so, by withdrawing
a part of our contributions to the support of posts northward of
us ? It would certainly be a great convenience to us, to deliver a
portion of our specifics at Fredericktown, rather than in Carolina :
but I leave it to you to judge, whether this would be consistent
with the general good or safety. Instead of sending aids of any
kind to the northward, it seems but too certain that unless very
timely and substantial assistance be received from thence, our ene-
mies are yet far short of the ultimate term of their successes. I
beg leave, therefore, to refer to you whether the specifics of Ma-
ryland, as far as shall be necessary, had not better be applied to the
support of the posts within it, for which its quota is much more than
sufficient, or, were it otherwise, whether those of the States nortli
of Maryland, had not better be called on, than to detract any thing
from the resources of the southern opposition, already much too
small for the encounter to which it is left. I am far from wishing
to count or measure our contributions by the requisitions of Con-
gress. Were they ever so much beyond these, I should readily
strain them in aid of any one of our sister States. But while they
are so far short of those calls to which they must be pointed in
the first instance, it would be great misapplication to divert them
to any other purpose : and I am persuaded you will think me per-
fectly within the line of duty, when I ask a revisal of this requisi-
tion.

I have the honor to be, with the greatest respect.
Sir, your most obedient,

and most humble servant,

Th: Jeffehson.

205

I.ETTEB XXXIX,

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS.

^•'<1

Sir,

Richmond, January 17, 1781.

I do myself the honor of transmitting to your Excellency, a re-
solution of the General Assembly of this Commonwealth, entered
into in consequence of the resolution of Congress ol" September the
6th, 1780, on the subject of the Confederation. I shall be render-
ed very happy if the other States of the Union, equally impressed
with the necessity of that important convention, shall be willing to
sacrifice equally to its completion. This single event, could it
take place shortly, would overweigh every success which the ene-
my have hitherto obtained, and render desperate the hopes to
which those successes have given birth.

I have the honor to be, with the most real esteem and respect,
your Excellency's most obedient,

and most humble servant,

Th: Jefferson.

LETTER XL.

TO THE VIRGINIA DELEGATES IN CONGRESS.

Richmond, January 18, 1781.
Gentlemen,

I enclose you a Resolution of Assembly, directing your conduct
as to tlie navigation of the Mississippi.

The loss of powder lately sustained by us (about five tons,) to-
gether with the quantities sent on to the southward, have reduced
our stock very low indeed. We lent to Congress, in the course
of the last year, (previous to our issues for the southern army,)
about ten tons of powder. I shall be obliged to you, to procure
an order irom the board of war, for any quantity from five to ten
tons, to be sent us immediately fit)m Philadelphia or Baltimore,
and to enquire into and hasten, from time to time, the execution
of it. The stock of cartridge paper is nearly exhausted. I do not
know whether Captain Irish, or what other officer, should apply
for this. It is essential that a good stock should be foi'warded,
and without a moment's delay. If there be a rock on which we
are to split, it is the want of muskets, bayonets and cartouch boxes.

The occurrences since my last to the President, are not of any
magnitude. Three little rencounters have happened with the

\"

i»

206

-U^

enemy. In the first, General Smallwood led on a party of two
or three hundred militia, and obliged some armed vessels of the
enemy to retire from a prize they had taken at Broadway's, and
renewing his attack the next day with a four pounder or two, (for
on the first day he had only muskets) he obliged some of their ves-
sels to fall down from City Point to their main fleet at Westover.
The enemy's loss is not known ; ours was four men wounded.
One of the evenings, during their encampment at Westover and
Berkeley, their light horse surprised a party of about one hundred
or one hundred and fifty militia at Charles City Court House, kill-
ed aid wounded four, and took, as has been generally said, about
seven or eight. On Baron Steuben's approach towards Hood's,
they embarked at Westover ; the wind which, till then, had set
direcdy up the river from the time of their leaving Jamestown,
shifted in the moment to the opposite point. Baron Steuben had
not reached Hood's, by eight or ten miles, when they arrived
there. They landed their whole army in the night, Arnold attend-
ing in person. Colonel Clarke (of Kaskaskias) had been sent on
with two hundred and forty men by Baron Steuben, and having
properly disposed of them in ambuscade, gave them a deliberate
fire, which killed seventeen on the spot, and wounded thirteen.
They returned it in confusion, by which we had three or four
wounded, and our party bemg so small and without bayonets,
were obliged to retire, on the enemy's charging with bayonets.
They fell down to Cobham, whence they carried aD the tobacco
there (about sixty hogsheads) ; and the last intelligence was, that
on the 16th they were standing for New-ports-news. Baron Steu-
ben is of opinion, they are proceeding to fix a post in some of the
lower counties. Later information has given no reason to believe
their force more considerable than we at first supposed. I think,
since the arrival of tlie three transports which had been separated in
a storm, they may be considered as about two thousand strong.
Their naval force, according t . "he best intelligence, is the Charon,
of forty-four guns, Commodore Symmonds, the Amphitrite, Iris,
Thames, and Charlestown frigates, the Forvey, of twenty guns,
two sloops of war, a privateer ship and two brigs. We lave about
thirty-seven hundred militia embodied, but at present, they are
divided into three distant encampments : one under General Weed-
en, at Fredericksburg, for the protection of the important works
there ; another under General Nelson, at and near Williamsburg ;
and a third under Baron Steuben, at Cabin Point. As soon as
the enemy fix themselves, these will be brought to a point.

I have the honor to be, with very great respect, gentlemen,
your most obedient servant,

Th: Jefferson.

Si

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207

.•i*v

LETTER XLI.

i

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Richmond, Fe'jruary 8, 1781.

I have just received intelligence, wl "h, though from a private
hand, I believe is to be relied on, diat a fleet of the enemy's ships
have entered Cape Fear river, that eight of them had got over
the bar, and many others were laying off; and that it was supposed
to be a reinforcement to Lord Cornwallis, under the command of
General Prevost. Thi? account, which had come through another
channel, is confirmed by a letter from General Parsons at Halifax,
to the gentleman who forwards it to me. I thought it of sufficient
importance to be communicated to your Excellency by the sta-
tioned expresses. The fatal want of arms, puts it out of our power
to bring a greater force into the field, than w ill barely suffice to re-
strain the adventtires of the pitiful body of men they have at Ports-
mouth. Should any more be added to them, tliis country will be
perfectly open to them, by land as well as water.

I have the honor to be, widi all possible respect.
Your Excellency's most obedient,

and most humble servant,

Th: Jefferson.

4

m

LETTER XLH.

TO HIS EXCELLENCY GENERAL WASHINGTON.

emen,

Sir,

Richmond, February 12, 1781.

The enclosed extract of a letter from Governor Nash, which I
received this day, being a confirmatictn of the intelligence I trans-
mitted in a former letter, I take tlie liberty of transmitting it to
your Excellency. I am informed, through a private channel on
which I have considerable reliance, that the enemy had landed
five hundred troops under the command of a Major Craig, who
were joined by a number of disaffected ; that tliey had penetrated
forty miles ; that their aim appeared to be tlie magazine at Kings-
ton, from which place they were about twenty miles distant.

Baron Steuben transmits to your Excellency, a letter from
General Greene, by which you will learn the events which have

908

taken place in that quarter since tlie defeat of Colonel Tarleton,
by General Morgan. These events speak best for themselves, and
no doubt will suggest what is necessary to be done to prevent the
successive losses of State after State, to which the want of arms
and of a regular soldiery, seem more especially to expose those in
the South.

I have the honor to be, with every sentiment of respect,
your ExceDency's most obedient,

and iQost humble servant, ^n

Th: Jefferson.

LETTER XLIII.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Richmond, February 17, 1781.

By a letter from General Greene, dated Guilford Court House,
February 10th, we are informed that Lord Comwallis had burned
his own wagons, in order to enable himself to move with greater
facility, and had pressed immediately on. The prisoners taken at
the Cow-pens, were happily saved by the accidental rise of a
water course, which gave so much time as to withdraw them from
the reach of the enemy. Lord Comwallis had advanced to the
vicinities of the Moravian towns, and was still moving on rapidly.
His object was supposed to be, to compel General Greene to an
action, which, under the difference of force they had, would pro-
bably be ruinous to the latter. General Greene meant to retire by
the way of Boyd's ferry, on the Roanoke. As yet he had lost
little or no stores or baggage, but they were far from bemg safe.
In the instant of receiving this intelligence, we ordered a reinforce-
ment of militia to him, from the most convenient counties in which
there was a hope of finding any arms.. Some great event must
arise from the present situation of things, which, for a long time,
will determine the condition of southern affairs.

Arnold lies close in his quarters. Two days ago, I received in-
formation of the arrival of a sixty-four gun ship and two frigates in
our bay, being part of the fleet of our good ally at Rhode Island.
Could they get at the British fleet here, they are sufficient to de-
stroy them ; but these being drawn up into Elizabeth river, into
which the sixty-four cannot enter, I apprehend they could do no-
thing more than block up the river. This, indeed, would reduce
the enemy, as we could cut off their supplies by land ; but the
operation being tedious, would probably be too dangerous for the

*■

209

to an

auxiliary force. Not having yet had any particular information of
' the designs of the French Commander, 1 cannot pretend to say
what measures this aid will lead to.

Our proposition to the Cherokee Chiefs, to visit Congress, for
the purpose of preventing or delaying a rupture with that nation,
was too late. Their distresses had too much ripened their aliena-
tion from us, and the storm had gathered to a head, when Major
Martin got back. It was determined to carry the war into their
country, rattier than await it in ours, and thus disagreeably cir-
cumstanced, the issue has been successful.

The militia of this State and North Carolina penetrated into
their country, burned almost every town they had, amounting to
about one thousand houses in the whole, destroyed fifty tliousand
bushels of grain, killed twenty nine, and took seventeen pri sonersi
The latter are mostly women and children.

I have the honor to be, &ic. »,

your Excellency's

most obedient humble servant,

Th: Jefferson.

P. S. Since writing the above, I have received information which,
though not authentic, deserves attenUon : that Lord Comwallis
had got to Boyd's ferry on the 14th. I am issuing orders, in con-
sequence, to other counties, to embody and march all the men
they can arm. In this fatal situation, without arms, there will be
• no safety for the Convention troops but in their removal, which I
shall accordingly order. The prisoners of the Cowpens were at
New London (Bedford Court House) on the 14th. T. J.

LETTER XLIV.

TO GENERAL GATES.

' t '■

Richmond, February 17, 1781.

Dear General,

The situation of affairs here and in Carolina, is such as must
shortly turn up important events, one way or the other. By letter
fi-om General Greene, dated Guilford Court House, February the
10th, I learn that Lord Cornwallis, rendered furious by the affair at
tlie Cowpens and the surprise of Georgetown, had burned his own
wagons, to enable himself to move with facility, had pressed on to
the vicinity of the Moravian towns, and was still advancing. The
prisoners taken at the Cowpens, were saved by a hair's breadth
VOL. I. 27

d*

210

accident) and Greene was retreating. His force, two thousand
regulars, and no militia; Cornwallis's, three thousand. General
Davidson was killed in a skirmish. Arnold Kes still at Portsmouth
with fifteen hundred men. A French sixty-four gun ship, and two
frigates of thirty-six each, arrived in our bay tliree days ago.
They would suffice to destroy the British shipping here (a forty,
four frigates, and a twenty,) could they get at them. But these
are withdrawn up Elizabeth river, which tlie sixty-four cannot en-
ter. We have ordered about seven hundred riflemen from Wash-
ington, Montgomery and Bedford, and five hundred common
militia from Pittsylvania and Henry, to reinforce General Greene ;
and five hundred new levies will march from Jhesterfield Court
House, in a few days. I have no doubt, however, that the south-
western counties will have turned out in greater numbers before
our orders reach them.

I have been knocking at the door of Congress for aids of all
kinds, but especially of arms, ever since the mijldle of summer.
The speaker, Harrison, is gone to be heard on that subject. Jus-
tice, indeed, requires that we should be aided powerfully. Yet if
they would repay us the arms we have lent them, we should give
the enemy trouble, though abandoned to ourselves.

After repeated applications, I have obtained a warrant for your
advance money, £18,000, which I have put into the hands of
Mr. McAlister, to receive the money from the Treasurer, and
carry it to you. ,

I am, with very since*-e esteem,

Dear Sir, your friend and servant,

Th: Jefferson.

LETTER XLV.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Richmond, February 26, 1781.

I gave you information in my last letter, that General Greene
had crossed the Dan, at Boyd's ferry, and that Lord Comwallis
had arrived at the opposite shore. Large reinforcements of mili-
tia having embodied botli in front and rear of the enemy, he is
retreating with as much rapidity as he advanced; his route is to-
wards Hillsborough. General Greene re-crossed the Dan on the
21st, in pursuit of him. I have the pleasure to inform you, that tlie

%^■

211

spirit of opposition was as universal, as could have been wished
for. There was no restraint on the numbers that embodied, but
the want of arms.

The British at Portsmouth, lie close in their lines. The French
squadron keep them in by water, and since tlieir arrival, as they
put it out of the power of the enemy to cut off our retreat by
sending up Nansemond river, our force has been moved down
close to their lines.

I have the honor to be, with the greatest respect,
your most obedient

and most humble servant,

Th: Jefferson.

LRTTEB XLVI.

TO HIS EXCELLENCr GENERAL WASHINGTON.

Sir,

Richmond, March 8, 1781.

I had the pleasure of receiving a letter from General Greene,
dated High-rock ford, February 29th, (probably March the 1st,)
who informs rae, that on the night of the 24th, Colonel M'Call
surprised a subaltern's guard at Hart's mill, killed eight, and
wounded and took nine prisoners, and tliat on the 25th, General
Pickens and Lieutenant Colonel Lee routed a body of near three
hundred tories, on the Haw river, who were in arms to join the
British army, killed upwards of one hundred, and wounded most
of the rest ; which had a very happy effect on the disaffected
in that country.

By a letter from Major Magill, an officer of this State, whom
I had sent to General Greene's head quarters, for the purpose of
giving us regular intelligence, dated Guilford County March 2nd,
I am informed that Lord Cornwallis, on his retreat, erected the
British standard at Hillsborough, that numbers of disaffected, un-
der the command of Colonel Piles, were resorting to it, when tliey
were intercepted by General Pickens and Lieutenant Colonel Lee,
as mentioned by General Greene, and that their commanding offi-
cer was among the slain : that Lord Cornwallis, after destroying
every thing he could, moved down the Haw river from Hillsbo-
rougn : that General Greene was within six miles of him : that
our superiority in the goodness, though not in the number of our
cavalry, prevented the enemy from moving with rapidity, or fo-
raging. Having been particular in desiring Major Magill to inform

2id

me what corps of militia, from this State, joined General Greene,
he accordingly mentioned, that seven hundred under General
Stevens, and four hundred from Botetourt, had actually join-
ed him ; that Colonel Campbell was to join him timt day with
six hundred, and that Colonel Lynch, with three hundred from
Bedford, was shortly expected : the last three numbers being
riflemen. Besides these mendoned by Major Magill, General
Lawson must, before diis, have crossed Roanoke with a body of
militia, the number of which has not been stated to me. Report
makes tliem a thousand, but I suppose the number to be exagge-
rated. Four hundred of our new levies, left Chesterfield Court
House on the 25th of February, and probably would cross the
Roanoke about the 1st or 2nd of March.

I was honored with your Excellency's letter of February the
21st, within seven days after its date. We have, accordingly,
been making every preparation on our part, which we are able to
make. The militia proposed to co-operate, will be upwards of four
thousand from diis State, and one thousand or twelve hundred
from Carolina, said to be under General Gregory. The enemy
are, at this time, in a great measure, blockaded by land, there
being a force on the east side of Elizabeth river. They suffer
for provisions, as they are afraid to venture far, lest the French
squadron should be in the neighborhood, and come upon them.
Were it possible to block up the river, a little time would suflice
to reduce them by want and desertions, and would be more sure
in its event than an attempt by storm. I shall be very happy to
have it in my power, to hand you a favorable account of these
two urmies in the South.

I have the honor to be, with the greatest esteem and respect,
your Excellency's

most obedient and

most humble servant,

Th: Jefferson.

LETTER XLVII.

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS.

Sir,

Richmond, March 19, 1781.

I have the honor of enclosing to your Excellency a copy of a
letter from General Greene, with some other intelligence received,
not doubting your anxiety to know the movements in the South.

213

I find we have deceived ourselves not a little , by counting on the
whole numbers of the militia which Imve been in motion, as if tliey
had all remained with (leneral Greene, when, in fw-t, they seem
only to have visited and quitted him.

The Marquis Fayette arrived at New York on the l/jth. His
troops still remained at the head of the bu \ , till the appciirance of
some force which should render dieir passage down sale.

I have the honor to be, widi sentiments of tine highest esteem
and respect, your Excellency's

most obedient and

most liumble servant,

Th: Jefferson.

LETTEa XLVIII.
TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS.

i

Sir,

Richmond, March 21, 1781.

The enclosed letter will inform you of the arrival of a British
fleet in Chesapeake bay.

The extreme negligence of our stationed expresses, is no doubt
the cause why, as yet, no autlientic account has reached us of a
general action, which happened on the 15th instant, about a mile
and a half from Guilford Court House, between General Greene
and Lord Cornwallis. Captain Singleton, an intelligent officer of
Harrison's artillery, who was in the action, has this moment arrived
here, and gives the general information that both pai ties were pre-
pared and desirous for action j die enemy were supposed about
twenty-five hundred strong, our army about four thousand. That,
after a very warm and general engagement, of about an hour and
a half, we retreated about a mile and a half from the field, in good
order, having, as he supposed, between two and tliree hundred
killed and wounded ; the enemy between five and seven hundred
killed and wounded : that we lost four pieces of artillery : that
the militia, as well as regulars, behaved exceedingly well : that
General Greene, he believes, would have renewed the acuon the
next day, had it not proved rainy, and would renew it as soon as
possible, as he supposes : that the whole of his troops, both regu-
lars and militia, were m high spirits and wishing a second engage-
ment : that the loss has fallen pretty equally on tlie militia and
regulars : that General Stevens received a ball through the thigh.

i

i

214

Major Anderson, of Maryland, was killed, and Captain narrett, of
Washington's cavalry ; Captain Fanntleroy, of the same cavalr)',
was shot througii the tlii^li, and left in the field.

Ca])lain Singleton having left the camp the day after the battle,
does not speak from particular returns, none such having been
tlien made. I must inform your Excellency from him, till more
regular applications can roach you, Uiat they are in extreme want
of lead, cartridge paper and thread. I thmk it improper, how-
ever it might urge an instantaneous supply, to repeat to you his
statement of the extent of their stock of thesi' arliclcs. In a former
letter, I mentioned to you the failure of die vein of our lead mines,
which has left the army here in a state of equal distress and danger.
I have the honor to be, with very high respect and esteem,
your Excellency's most obedient

and most humble servant,

Th: Jefferson.

P. S. Look-out-boats have been ordered from the sea board
of die eastern shore, to apprise the Commander of the French
fleet, on its approach, of the Briush being in the Chesapeake.

T. J.

LETTER XLIX.
TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS.

Sir,

In Council, Richmond, March 2G, 1781.

The appointment of commissioner to the war office of this State,
having lately become vacant, die Executive are desirous to place
Colonel William Davies, of the Virginia Continentals, in that office.
This gendeman, however, declines undertaking it, unless his rank
in the army, half pay for life and allowance for depreciation of
pay, can be reserved to him ; observing with justice, that these
emoluments, distant as they are, are important to a person who
has spent the raiost valuable part of his youUi in the service of his
country. As this indulgence rests in the power of Congress alone,
I am induced to request it of diem on behalf of the State, to
. whom it is very interesUng that tlie office be properly filled, and
* I may say, on behalf of the Continent also, to whom the same cir-
cumstance is interesting, in proportion to its reliance upon this State
for supplies to the southern war. We should not have given
Congress the trouble of this application, had we found it easy to

call I

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I have the honor to be, with sentiments of the highest respect,
your Excellency's

most obedient and

most humble servant,

Th: Jefferson.

LETTER L.

TO HIS EXCELLENCY THE PRESIDENT OP CONGRESS.

Sir,

Richmond, Morch 28, 1781.

I forward to your Excellency under cover with iliis, copies of
letters received from Major General Greene and Baron Steuben,
which will give you the latest account of the siuiation of things
with us and in North Carolina.

I observe a late resolve of Congress, for furnishing a number of
arms to the southern states ; and 1 lately wrote you on the subject
of ammunition and cartridge paper. How much of this State, the
enemy thus reinforced, may think proper to possess themselves
of, must depend on their own moderation and caution, till these
supplies arrive. We had hoped to receive by the French squa-
dron under Monsieur Destouches, eleven hundred stand of arms,
which we had at Rhode Island, but were disappointed. The ne-
cessity of hurrying forward the troops intended for the southern
operations, will be doubtless apparent from tliis letter.
I have the honor to be, with the greatest respect,
your Excellency's

most obedient and

most humble servant,

Th: Jefferson.

LETTER Ll.
TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS.

Richmond, March 31, 1781.

Sir,

The letters and papers accompanying this, will inform your
Excellency of the arrival of a British flag vessel witli clotliing, re-

*

^«il

216

freshments, money, &c. for their prisoners under the Convention
of Saratoga. The gentlemen conducting them, have, on suppo-
sition that the prisoners, or a part of them, still remained in this
State, applied to me by letters, copies of which I transmit your
Excellency, for leave to allow water transportation as far as possi-
ble, and tlien, for themselves to attend them to the post where tliey
are to be issued. These indulgences were usually granted them
here, but the prisoners being removed, it becomes necessary to
transmit the application to Congress for their direction. In the
mean time the flag will wait in James river.

Our intelligence from General Greene's camp as late as the
24th, is, that Lord Cornwallis's march of the day before, had de-
cided his route to Cross creek.

The amount of the reinforcements to the enemy, arrived at
Portsmouth, is not yet known with certainty. Accounts differ
from fifteen hundred to much larger numbers. We are informed
tliey have a considerable number of horse. The affliction of the
people for want of arms is great ; that of ammunition is not yet
known to them. An apprehension is added, tliat the enterprise
on Portsmouth being laid aside, the troops under the Marquis
Fayette will not come on. An enemy three tliousand strong, not
a regular in the State, nor arms to put in the hands of the militia,
are, indeed, discouraging circumstances.

I have the honor to be, witli sentiments of the highest respect,
your Excellency's

most obedient and

most humble servant,

Th: Jefferson.

LETTER LII.

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS.

StR,

Richmond, April 7, 1781.

Hearing that our arms from Rhode Island have arrived at Phila-
delphia, I have begged the favor of our Delegates to send them
on in wagons immediately, and for tlie conveyance of my letter,
have taken the liberty of setting the Continental line of expresses
in motion, which I hope our distress for arms will justify, though
the errand be not purely Continental.

I have nothing firom General Greene later than the 27th of
March ; our accounts from Portsmouth vary the reinforcements

whit
thre(
toe]
prepj
south
decid

Si

I was
ing the
stores ai
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of cavalry

found, bu

Ihai

VOL.

•t

217

which came under General Phillips, from twenty-five hundred to
three thousand. Arnold's strength before, was, I think, reduced
to eleven hundred. They have made no movement as yet. Their
preparation of boats is considerable ; whether tliey mean to go
southwardly or up the river, no leading circumstance has yet
decided.

I have the honor to be, with tlie highest respect,
your Excellency's

most obedient and

most humble servant,

Th: Jefferson.

■ s\

Ami

LETTER LIII.

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS.

Sir,

In Council, April 18, 1781.

I was honored, yesterday, wiUi your Excellency's favor enclos-
ing the resolutions of Congress of the 8th instant, for removing
stores and provisions from the counties of Accomack and North-
ampton. We have there no military stores, except a few muskets
in die hands of the militia. There are some collecuons of forage
and provisions belonging to the Continent, and some to the State,
and the country there, generally, furnishes an abundance of forage.
But such is the present condition of Chesapeake bay, that we
cannot even get an advice boat across it, with any certainty, much
less adventure on transportation. Should, however, any interval
happen, in which these articles may be withdrawn, we shall cer-
tainlv avail ourselves of it, and bring thence whatever we can.

If I have been rightly informed, the horses there are by no
means such, as that die enemy could apply them to the purposes
of cavalry. Some large enough for the draught may, perhaps, be
found, but of these not many.

I have the honor to be, with the greatest respect,
your Excellency's

most obedient and • ',

•. most humble servant,

Th: Jefferson.

''J'

t

VOL. I.

28

218

LETTER LIV.

TO HIS EXCELLENCY GENERAL WASHINGTON.

,'■/■

Sir,

Richmond, April 23, 1731.

On the 18th instant, the enemy came from Portsmouth up
James river, in considerable force, though their numbers are not
yet precisely known to us. They landed at BurweU's ferry, below
Williamsburg, and also a short distance above the mouth of Chick-
ahomony. This latter circumstance obliged Colonel Innis, who
commanded a body of militia, stationed on that side the river
in cover the country from depredation, to retire upwards, lest he
should be placed between their two bodies. One of these entered
Williamsburg on the 20th, and the other proceeded to a ship-yard
we had on Chickahomony. What injury ihey did there, I am not
yet informed. I take for granted, they have burned an unfinished
twenty gun ship we had there. Such of the stores belonging to
the yard as were moveable, had been carried some miles higher
up the river. Two small gallies also retired up the river. Whether
by this, either the stores or gallies were saved, is yet unknown. I
am just informed, from a private hand, that tliey left Williamsburg
early yesterday morning. If this sudden departure was not in
consequence of some circumstance of alarm unknown to us, their
expedition to Williamsburg has been unaccountable. There were
no public stores at that place, but those which were necessar)'^ for
the daily subsistence of the men there. Where they mean to de-
scend next, the event alone can determine. Besides harassing
our militia with this kind of war, the taking them from their farms
at the interesting season of planting their com, will have an unfor-
tunate effect on the crop of tlie ensuing year.

I have heard nothing certain of General Greene since the 6th
instant, except that his head quarters were on Little river on the

nth.

I have the honor to be, with the highest respect and esteem,
your Excellency's
" * ' most obedient and "^' "

.: " most humble servant,

Th: Jefferson.

, •'>-/-.

219

ufMt ^i

esteem,

ISON.

LETTER LV.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Richmond, May 9, 1781

Since the last letter which I had the honor of addressing to your
Excellency, tlie military movements in this state, except a very
late one, have scarcely merited communication.

The enemy, after leaving Williamsburg, came directly up James
river and landed at City Point, being tlie point of land on the
southern side of the confluence of Appamattox and James rivers.
They marched up to Petersburg, where they were received by
Baron Steuben, with a body of militia somewhat under one thou-
sand, who, though the enemy were two thousand and three hundred
strong, disputed the ground very handsomely, two hours, during
which time the enemy gained only one mile, and tliat by inches.
Our troops were then ordered to retire over a bridge, which they did
in perfectly good order. Our loss was between sixty and seventy,
killed, wounded and taken. The enemy's is unknown, but it must
be equal to ours ; for their own honor they must confess this, as
they broke twice and run like sheep, till supported by fresh troops.
An inferiority in number obliged our force to withdraw about twelve
miles upwards, till more militia should be assembled. The enemy
burned all the tobacco in the warehouses at Petersburg, and its
neighborhood. They afterwards proceeded to Osborne's, where
they did the same, and also destroyed the residue of the public
armed vessels, and several of private property, and then came to
Manchester, which is on the hill opposite this place.

By this time. Major General Marquis Fayette having been ad-
vised of our danger, had, by forced marches, got here with his
detachment of Continental troops ; and reinforcements of militia
having also come in, the enemy finding we were able to meet
them on equal footing, thought proper to burn the warehouses and
tobacco at Manchester, and retire to Warwick, where they did
the same. Ill armed and untried militia, who never before saw
the face of an enemy, have, at limes, during the course of this
v/ar, given occasions of exultation to our enemies, but tliey af-
forded us while at Warwick, a little satisfaction in the same way.
Six or eight hundred of their picked men of light infantry, witli
General Arnold at their head, having crossed the river from War-
wick, fled from a patrole of sixteen horse, every man into his boat
as he could, some pushing North, some South, as their fears drove

[«^

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220

«

them. Their whole force then proceeded to the Hundred, being
the pomt of land within the confluence of the two rivers, embarked,
and fell down the river. Their foremost vessels had got below
Burwell's ferry on the 6th instant, when on the arrival of a boat
from Portsmouth, and a signal given, the whole crowded sail up
tlie river again with a fair wind and tide, and came to anchor at
Brandon ; there six days provisivin was dealt- out to every man ;
they landed, and had orders to mtrch an hour before day the next
morning. We have not yet heard which way they went, or
whether they have gone, but having, about the same time, received
authentic information that Lord Cornwallis had, on the 1st instant,
advanced from Wilmington half way to Halifax, we have no doubt,
putting all circumstancs together, that these two armies are forming
a junction.

We are strengthening our hands with militia, as far as arms, ei-
ther public or private, can be collected, but cannot arm a force
which may face the combined armies of the enemy. It will,
therefore, be of very great importance that General Wayne's forces
be pressed on with the utmost despatch. Arms and a naval force,
however, are what must ultimately save us. This movement of
our enemies we consider as most perilous in its consequences.
• Our latest advices from General Greene were of the 26th ult.,
when he was lying before Camden, the works and garrison of
which, were much stronger than he had expected to find them.

I have the honor to be, with great respect,

your Excellency's -

most obedient humble servant, • v
V ' • ^ , Th: Jefferson.

LETTER LVI. ■ . ■-

TO THE VIRGINIA DELEGATES IN CONGRESS. - ^'/^
• ., In Council, May 10, 1781.

Gentlemen,

A small affair has taken place between the British commanding
officer in this state. General Phillips, and the Executive, of which,
as he may endeavor to get rid of it through the medium of Con-
gress, I think it necessary previously to apprise you.

General Scott obtained permission from the Commandant at
Charleston, for vessels with necessary supplies to go from hence
to them, but instead of sending the original, sent only a copy of
the permission taken by his brigade major. I applied to General

contau
ferred
up the
charter
nothing

I wd
the Be
have 1
these
proper
shall be

I anfl

221

Phillips to supply this omission by furnishing a passport for the
vessel. Having just before taken great offence at a threat of re-
taliation in the treatment of prisoners, he enclosed his answer to my
letter under this address, * To Thomas Jefferson, Esq. American
Governor of Virginia.' I paused on receiving the letter, and for
some time would not open it ; however, when the miserable ccm-
dition of our brethren in Charleston occurred to me, I could not
determine that they should be left without the necessaries of life,
^while a punctilio should be discussing between the British General
and myself; and knowing that I had an opportunity of returning
the compliment to Mr. Phillips in a case perfectly corresponding,
I opened the letter.

Very shortly after, I received, as I expected, tlie permission of
the board of war, for tlie British flag vessel then in Hampton
Roads with clothing and refreshments, to proceed to Alexandria.
I enclosed and addressed it, ' To William Phillips, Esq. ccra-
manding the British forces in the Commonwealth of Virginia.*
Personally knowing Phillips to be the proudest man of the proud-
est nation on earth, I well Vuow he mil not open this letter; but
having occasion, at the same time, to write to Captain Gerlach, the
flag master, I informed iiim tliat tlie Convention troops in this
state should perish for want of necessaries, before any should be
carried to them through this state, till General Phillips either
swallowed this pill of retail on, or made an apology for his rude-
ness. And in this, should Uie matter come ultimately to Congress,
we hope for their support.

He has the less right to insist on the expedition of his flag, be-
cause his letter, instead of enclosing a passport to expedite ours,
contained only an evasion of the application, by sajdng he had re-
ferred it to Sir Henry Clinton, and in the mean time, he has came
up the river, ^d taken the vessel with her loading, which we had
chartered and prepared to send to Charleston, and which wanted
nothing but the passport to enable her to depart.

I would further observe to you, that this gentleman's letters to
the Baron Steuben first, and afterwards to the Marquis Fayette,
have been in a style so intolerably msolenf and haughty, that both
these genileinen have been obliged to inform him, that if he thinks
proper to address them again in the same spirit, all intercourse
shall be discontinued.

I am, with great respect and esteem.

Gentlemen, your most obedient servant,
.;«/ ^ * Th: Jefferson.

t

r

V'

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222

LETTER LVII.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Sir,

Charlottesville, May 28, 17>^1.

I make no doubt you will have heard, before this shall have the
lionor of being presented to your Excellency, of the junction of^
Lord Cornwallis with tlie force at Petersburg under Arnold, who
had succeeded to the command on the death of Major General
Phillips. I am now advised that they have evacuated Petersburg,
joined at Westover a reinforcement of tv/o thousand men just ar- ,
rived from New York, crossed James river, and on tlie 26th instant,
were three miles advanced on their way towards Richmond ; at
which place, Major General the Marquis Fayette lay with three
thousand men, regulars and militia : these being the whole number
we could arm, until die arrival of the eleven hundred arms from
Rhode Island, which are, about this time, at the place where our
public stores are deposited. The whole force of the enemy with-
in tliis state, from the best intelligence 1 have been able to get, is,
I think, about seven diousand men, infantry and cavalry, including
also, the small garrison left at Portsmouth. A number of priva-
teers, which are constantly ravaging the shores of our rivers, pre-
vent us from receiving any aid, from the counties lying on naviga-
ble waters : and powerful operations meditated against our western
frontier, by a joint force of British and Indian savages, have, as
your Excellency before knew, obliged us to embody between two
and three thousand men in that quarter. Your Excellency will
judge from this state of things, and from what you know of our
country, what it may probably suffer during the present campaign.
Should the enemy be able to produce no opportunity of annihila-
ting the Marquis's army, a small proportion of tlieir force may yet
restrain his movements effectually, while the greater part are em-
ployed, in detachment, to waste an unarmed country, and lead the
minds of the people to acquiescence under those events, which they
see no human power prepared to ward off. We are too far re- •
moved from the oUier scenes of war to say, whetlier the main
force of the enemy be within this state. But I suppose, they
cannot any where spare so great an army for the operations of the
field. Were it possible for this circumstance to justify in your
ExceUency a determination to lend us ^our personal aid, it is evi-
dent from the universal voice, that the presence of tlieir beloved
countryman, whose talents have so long been successfully employ-

223

ed in establishing the freedom of kindred states, to wliose person,
they have still flattered themselves they retained some right, and
have ever looked up, as tlieir dernier resort in distress, would
restore full confidence of salvation to our citizens, and would
render them equal to whatever is not impossible. I cannot un-
dertake to foresee and obviate the difficulties which lie in the
way of such a resolution. The whole subject is before you, of
which I see only detached parts : and yoyr judgment will be
formed on a view of tlie whole. Should tlie danger of this slate
and its consequence to the Union, be such, as to render it best for
the whole that you should repair to its assistance, the difficulty
would then be, how to keep men out of the field. I have un-
dertaken to hint this matter to your Excellency, not only on my
own sense of its importance to us, but at tlie solicitations of many
members of weight in our legislature, which has not yet ass3ra-
bled to speak their own desires.

A few days will bring to me that relief which the constitution
has prepared for those oppressed with the labors of my office, and
a long declared resolution of relinquishing it to abler hands, has
prepared my way for retirement to a private station : still, aS an
individual, I should feel the comfortable effects of your presence,
and have (what I tliought could not have been) an additional mo-
tive for that gratitude, esteem, and respect, with which I have the
honor to be,

your Excellency's

most obedient humble servant, '«

Th: Jefferson.* ^

; LETTER liVIII.

TO HIS EXCELLENCY GENERAL WASHINGTON.

Annapolis, April 16, 1784,

Dear Sir,

1 received your favor of April the 8th, by Colonel Harrison.
The subject of it is interesting, and, so far as you have stood con-
nected with it, has been matter of anxiety to me ; because, what-
ever may be the ultimate fate of the institution of the Cincinnati,
as, in its course, it draws to it some degree of disapprobation, I
have wished to see you standing on ground separated from it, and

[* An interval of near three years here occurs in the Author's correspon-
dence, during which he preserved only memoranda of the contents or the
letters written by him.] '«■.••

■f

224

that the character which will be handed to future ages at the head
of our Revolution, may, in no instance, be compromitted in sub-
ordinate altercations. The subject has been at the point of my
pen in every letter I have written to you, but has been still re-
strained by the reflection that you had among your friends more
able counsellors, and, in yourself, one abler than them all. Your
letter has now rendered a duty what was before a desire, and I
cannot better merit your confidence than by a full and free com-
munication of facts and sentiments, as far as they have come with-
in my observation. When the army was about to be disbanded,
. and the officers to take final leave, perhaps never again to meet,
it was natural for men who had accompanied each other through
so many scenes of hardship, of difficulty and danger, who, in a
variety of instances, must have been rendered mutually dear by
those aids and good offices, to which their situations had given oc-
casion, it was natural, I say, for tliese to seize with fondness any
proposition which promised to bring them together again, at cer-
tain and regular periods. And this, I lake for granted, was the
origin and object of this institution : and I have no suspicion that
thev foresaw, much less intended, those mischiefs which exist,
perhaps in the forebodings of politicians only. I doubt, however,
whether in its execution, it would be found to answer the wishes
of those who framed it, and to foster those friendships it was in-
tended to preserve. The members would be brought together at
their annual assemblies, no longer to encounter a common enemy,
but to encounter one another in debate and sentiment. For some-
thing, I suppose, is to be done at these meetings, and, however un-
important, it will suffice to produce difference of opinion, contra-
diction and irritation. The way to make friends quarrel is to put
them in disputation under the public eye. An experience of near
twenty years has taught me, that few friendships stand this test,
and that public assemblies, where every one is free to act and
speak, are the most powerful looseners of the bands of private
friendship. 1 think, dierefore, that this institution would fail in its
principal object, the perpetuation of the personal friendships con-
tracted through the war.

The objections of those who are opposed to the institution shall

•^ he briefly sketched. You will readily fill them up. They urge
that it is against the Confederation — against the letter of some of
our constitutions — -against the spirit of all of them^ — that the foun-
dation on which all Siese are built, is the natural equality of man,
the denial of every pre-eminence but that annexed to legal office,
and, particularly, the denial of a pre-eminence by birth ; that,

■ however, in their present dispositions, citizens might decline ac-

225

V/V^,

cepting honorary instalments into the order, but a time may come,
when a change of dispositions would render tliese flattenng, when
a well directed distribution of them might draw into the order all
the men of talents, of office and wealth, and in this case, would
probably procure an ingraftment into the government ; that in this,
they will be supported by their foreign members, and the wishes
and influence of foreign courts ; that experience has shown that
the hereditary branches of modern governments are the patrons
of privilege and prerogative, and not of the natural rights of the
people, whose opp/essors they generally are : that besides these
evils, which are remote, others may take place more immediately ;
that a distinction is kept up between the civil and military, which
it is for the happiness of botli to obliterate ; that when the mem-
bers assemble they will be proposing to do something, and what
that something may be, will depend on actual circumstances ; that
being an organised body, under habits of subordination, the first
obstruction to enterprise will be already surmounted ; that the
moderation and virtue of a single character have probably prevented
this Revolution from being closed as most others have been, by a
subversion of thai liberty it was intended to establish ; that he is
not immortal, and his successor, or some of his successors, may be
led by false calculation into a less certain road to glory.

What are the sentiments of Congress on this subject, and what
line they will pursue, can only be stated conjecturally. Congress,
as a body, if left to themselves, will in my opinion say nothing on
the subject. They may, however, be forced into a declaration by
instructions from some of the States, or by other incidents. Their
sentiments, if forced from them, will be unfriendly to the institu-
tion. If permitted to pursue their own path, they will check it by
side-blows whenever it comes in their way, and in competitions for
office, on equal or nearly equal ground, will give silent preferences
to those who are not of the fraternity. Mv reasons for thinking
this are, 1. The grounds on which they lately declined the foreign
order proposed to be conferred on some of our citizens. 2. The
fourth of the fundamental articles of constitution for the new States.
I enclose you the report ; it has been considered by Congress, re-
committed and reformed by a committee, according to sentiments
expressed on otlier parts of it, but the principle referred to, having
not been controverted at all, stands in this as in the original report ;
it is not yet confirmed by Congress. 3. Private conversations on
this subject withthe members. Since the receipt of your letter I
have taken occasion to extend these ; not, indeed, to the military
members, because, being of the order, delicacy forbade it, but to
the others pretty generally ; and among these, I have as yet found
VOL. I. 29

1 1

M

itv

Mi

l

w

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226

but one who is not opposed to the institution, and thai with an an-
guish of mind, though covered under a guarded silence, which I
have not seen produced by any circumstance before. I arrived
at Philadelphia before the separation of the last Congress, and
saw there and at Princeton some of its members, not now in
delegation. Burke's piece happened to come out at that time,
which occasioned this institution to be the subject of conversation.
I found the same impressions made on them which their succes-
sors have received. I hear from other quarters that it is disa-
greeable, generally, to such citizens as have attended to it, and,
therefore, will probably be so to all, when any circumstance shall
present it to the notice of all.

This, Sir, is as faithful an account of sentiments and facts as I
am able to give you. You k iOW the extent of the circle within
which my observations are at present circumscribed, and can es-
timate how far, as forming a part of the general opinion, it may
merit notice, or oughi; to influence your particular conduct.

It remains now to pay obedience to that part of your letter,
which requests sentiments on the most eligible measures to be
pursued by the society, at their next meeting. I must be far from
pretending to be a judge of what would, in fact, be the most eli-
gible measures for the society. I can only give you the opinions
of those with whom I have conversed, and who, as I have before
observed, are unfriendly to it. They lead to these conclusions.
1. If the society proceed according to its institution, it will be bet-
ter to make no applications to Congress on that subject, or any
other, in their associated character. 2. If thev should propose
to modify it, so as to render it unobjectionable, I think this would
not be effected without such a modification as would amount al-
most to annihilation : for such would it be to part with its i^herita-
bility, its organization, and its assemblies. 3. If they sliall be
disposed to discontinue the whole, it would remain with them to
determine whether they would choose it to be done by their own
act only, or by a reference of the matter to Congress, which would
infallibly produce a recommendation of total discontinuance.

You will be sensible, Sir, that these communications are without
reserve. I supposed such to be your wish, and mean them but as
materials, with such others as you may collect, for your better
judgment to work on. I consider the whole matter as between
ourselves alone, having determined to take no active part in this
or any thing else, which may lead to altercatiofij or disturb that
quiet and tranquillity of mind, to which I consign the remaining por-
tion of my life. I have been thrown back by events, on a stage
where I had never more thought to appear. It is but for a time,

«

'<v

227

however, and as a day laborer, free to withdraw, or be withdrawn
at will. While I remain, I shall pursue in silence the path of right,
but in every situation, public or private, I shall be gratified by all
occasions of rendering you service, and of convincing you tnere
is no one, to whom your reputation and happiness are dearer than
to, Sir,

your most obedient,

and most humble servant,

Tu: Jefferson.

LETTER LIX.

TO COLONEL URIAH FORREST.

Sir,

Paris, Cul-de-Sac Tetebout, October 20, 1784.

I received yesterday your favor of the 8th instant, and this
morning went to Auteuil and Passy, to consult with Mr. Adams
and Dr. Franklin on the subject of it. We conferred together,
and think it is a case in which we could not interpose (were there
as yet cause for interposition,) without express instructions from
Congress. It is, however, our private opinion, which we give
as individuals only, that Mr. McLanahan, while in England, is
subject to the laws of England ; that, tlierefore, he must employ
counsel, and be guided in his defence by their advice. The law
of nations, and the treaty of peace, as making a part of the law
of the land, will undoubtedly be under the consideration of the
judges who pronounce on Mr. McLanahan's case ; and we are
willing to hope, that in their knowledge and integrity ; he will find
certain resources against injustice, and a reparation of all injury to
which he may have been groundlessly exposed. A final and pal-
pable failure on their part, which we have no reason to apprehend,
might make the case proper for the consideration of Congress.

I have the honor to be, with sentiments of great respect and
esteem, for Mr. McLanahan, as well as yourself.

Sir, your most obedit at humble servant,

Th: Jefferson.

t

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#

'^^M^

I

208

il

LCTTKR LX.

TO JOHN JAV.

Sir,

Pari*, May 11,1786.

I was honored on the 2nd instant, with the receipt of your favor
of March the 15th, enclosing the resolution of Congress of the
10th of the same montli, appointing me their Minister Plenipo-
tentiary at this court, and tilso of your second letter of March
22nd, covering the commission and letter of credence for that
appointment. I beg permission through you. Sir, to testify to
Congress my gratitude for this new mark of their favor, and my
assurances of endeavoring to merit it by a faithful attention to the
discharge of the duties annexed to it. Fervent zeal is all which
I can be sure of carrying into their service, and where I fail
through a want of tliosc powers which nature and circumstances
deny me, I shall rely on their indulgence, qnd much also on that
candor with which your goodness will present my proceedings to
their eye. The kind terms in which you are pleased to notify this
honor to me, require my sincere thanks. I beg you to accept
them, and to be assured of the perfect esteem, with which I have
the honor to be, Sir,

your most obedient and

most humble servant,

Th: Jefferson.

LETTER LXI.

TO GENERAL CHASTELLUX.

PariB, June 7, 1785.
Dear Sir,

I have been honored with the receipt of your letter of the 2nd
instant, and am to thank you, as I do sincerely, for the partiality
with which you receive the copy of the Notes on my country. As
I can answer for the facts theiein reported on my own observation,
and have admitted none on the report of others, which were not
supported by evidence sufficient to command my own assent, I
am not afraid that you should make any extracts you please for
the Journal de Physique, which come within their plan of publica-
tion. The strictures on slavery and on the constitution of Virginia,

'i'Zd

Are not of tliat kind, and they nre tlie parts which 1 do not viitAi
to have made public, at least, till 1 know whetlier their publication
would do most harm or good. It is possible, that m my own
country, tlieso strictures might produce an irritation, which would
indispose tlie people towards the two great objects I have in view ;
that 18, the emancipation of their slaves, and the settlement of their
constitution on a firmer and more permanent basis. If I learn
from thence, that they will not produce that effect, I have printer'
and reserved just copies enough to be able to give one to ever
young man at tlie College. It is to them I look, to the rising ge-
neration, and not to tlie one now in ]X)wer, for these great refoiina-
tions. The other copy, delivered at your hotel, was for Monsieur
de Bufibn. I meant to ask the favor of you to have it sent to him,
as I was ignorant how to do it. I have one also for Monsieur
Daubenton, but being utterly unknown to him, I cannot take tlio
liberty of presenting it, till 1 can do it through some common ac-
quaintance.

I will beg leave to say here a few words on the general question
of the degeneracy of animals in America. 1 . As to the degene-
racy of the man of Europe transplanted to America, it is no part
of Monsieur de Buffon's system. He goes, indeed, within one
step of it, but he stops there. The Abbe Raynal alone has taken
that step. Your kno ledge of America enables you to judge this
question, to say, whether the lower class of people in America,
are less informed and less susceptible of information, than the
lower class in Europe : and whether those in America, who have
received such an education as that country can give, are less im-
proved by it than Europeans of the same degree of education. 2.
As to the aboriginal man of America, I know of no respectable
evidence on which the opinion of his inferiority of genius has been
founded, but that of Don UUoa. As to Robertson, he never was
in America, he relates nothing on his own knowledge, he is a
compiler only of the relations of others, and a mere translator of
the opinions of Monsieur de Buffi)n. I should as soon, thereforci
add the translators of Robertson to the witnesses of this fact, as
himself. Paw, the beginner of this charge, was a compiler from
the works of others ; and of the most unlucky description ; for he
seems to have read the writings of travellers, only to collect and
republish their lies. It is really remarkable, that in tliree volumes
12mo, of small print, it is scarcely possible to find one truth, and
yet, that the author should be able to produce authority for every
fact he states, as he says he can. Don UUoa's testimony is of the
most respectable. He wrote of what he saw, but he saw the In-
dian of South America only, and that, after he had passed through

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230

ten generations of slavery. It. is very unfair, from this sample, to
judge of the natural genius of this race of men ; and after suppos-
ing tnat Don Ulloa had not sufficiently calculated the allowance
which should be made for this circumstance, we do him no injury
in considering the picture he draws of the present Indians of South
America, as no picture of what then: ancestors were, three hundred
years ago. It is in North America we are to seek their original
character. And I am safe in affirming, that the proofs of genius
given by the Indians of North America, place them on a level
with whites in ths «ame uncultivated state. The Nor*h of Europe
furnishes subjects enough for comparison with them, and for a
proof of their equality. I have seen some thousands myself, and
conversed much vxith them, and have found in them a masculine,
sound understanding. T have had much information from men
who had lived among them, and whose veracity and good sense
were so far known to me, as to establish a reliance on their infor-
mation. They 'mve all agreed in bearing witness in favor of the
genius of this pvv>ple. As to their bodily strength, their manners
rendering it disgraceful to labor, those muscles employed in la-
bor will be weaker with them, than with the European laborer ; but
those which ar-^ exerted in the chase, and those faculties which
are employed in the tracing an enemy or a wild beast, in contriv-
ing ambuscades for him, and in carrying them through their exe-
cution, are much stronger than with us, because they are more .
exercised. I believe the Indian, then, to be, in body and mind,
equal to the white man. I have supp^^sed the black man, in his
present state, might not be so ; but it would be hazardous to af-
firm, tliat, equally cultivated for a few generations, he would not
become so. 3. As to the inferiority of the other animals of Ame-
rica, without rtiore facts, I can add nothing to what I have said in
my Notes.

As to the theory of Monsieur de Buf&n, that heat is friendly,
and moisture adverse to the production of large animals, I am late-
ly furnished with a fact by Dr. Franklin, which proves the air of
London and of Paris to be more hi^mid than tliat of Philadelphia,
dnd so creates a puspicioii that the oninion of tlie superior humidity
of America may, perhaps, have been too hastily adopted. And
supposing that fact admitted, I think the physical reasonings urged
to show, that in d moist country animals must be small, and tliat
in a hot one they must be large, are not built on the basis of ex-
periment. These questions, rwwever, cannot be decided, ulti-
mately, at this day. More facts must be collected, and more
lime flow off, before the world will be ripe for decision. In ihe
mean time, doubt is wisdom.

231

' ■ I .

I have been fully sensible of tlie anxieties of your «tuation, and
that your attentions were wholly consecrated, where alone they
were wholly due, to the succour of friendship and worth. How-
ever much I prize your society, I wait wil'.i patience the moment
when I can have it without taking what is due to another. In the
mean time, I am solaced with tlie hope of possessing your friend-
ship, and that it is not ungrateful to you to receive assurances of
that with which I have the honor to be, Dear Sir,
your most obedient,

and most humble servant,

Th: Jefferson.

LETTER LXII.

TO JOHN ADAMS.

Sir,

Pauy, June 15, 1785.

^phia,
lidity

And
irged

that

Among the instructions g»ven to the ministers of the United
States for treating with foreign powers, was one of the 11th of
May, 1784, relative to an individual of the name of John Baptist
Picquet. It contains an acknowledgment, on the part of Con-
gress, of his merits, and sufferings by friendly services rendered to
great numbers of American seamen carried prisoners into Lisbon,
and refers to us the delivering him these acknowledgments in ho-
norable terms, and the making him such gratification as may in-
demnify his losses, and properly reward his zeal. This person is
now in Paris, and asks whatever return is intended for him. Being
in immediate want of money, he has been furnished with ten
guineas. He expressed desires of some appointment either for
himself or son at Lisbon, but has been told that none such are in ^^^
our gift, and that nothing more could be done for him in that line, jflpm
tlian to mention to Congress that his services well merit their re-*^ "^
collection, if they should make any appointment there analogous
to his talents. He says his expenses in the relief of our {M-isoners
have been upwards of fifty moidores. Supposing that, as he is
poor, a pecuniary gratification will be most useful to him, we pro-
pose, in addition to what he has received, to give him a hundred
and fifty guineas, or perhaps four thousand livres, and to write a
joint letter to him expressing the sense Congress entertain of his
services. We pray you to give us your sentiments on this subject
by return of the first post, as he is waiting here, and we wish the
aid of your counsels therein.

282

We are to acknowledge the receipt of your letter of June 3rd,
informing us of your reception at the court of London,

I am, with sentiments of great respect and esteem. Dear Sir,

your friend and servant,

Th: Jefferson.

LETTER LXIII.

TO THE GOVERNOR OF VIRGINIA.

Sir,

Paris, June 16, 1785.

h

I had the honor of receiving, the day before yesterday, the re-
solution of Council, of March the 10th, and your letter of March
the 30th, and shall, with great pleasure, unite my endeavors with
those of the Marquis de la Fayette and Mr. Barclay, for the pur-
pose of procuring the arms desired. Nothing can be more wise
than this determination to arm our people, as it is impossible to
say when our neighbors may think proper to give them exercise.
I suppose that the establishing a manufacture of arms, to go hand
in hand with the purchase of them from hence, is at present op-
posed by good reasons. This alone would make us independent
for an article essential to our preservation ; and workmen could
probably be either got here, or drawn from England, to be em-
barked hence.

In a letter of January the 12th, to Governor Harrison; I inform-
ed him of the necessity that the statuary should see General Wash-
ington ; that we should accordingly send him over unless the Ex-
ecutive disapproved of it, in which case I prayed to receive their
pleasure. Mr. Houdon being now re-established in his health,
and no countermand received, I hope this measure met the appro-
bation of the Executive : Mr. Houdon will therefore go over with
l)r. Franklin, some time in the next month.

I have the honor of enclosing you the substance of propositions
which have been made from London to the Farmers General of
this country, to furnish them with the tobacco of Virginia and
Maryland, which propositions were procured for rae by the Mar-
quis de la Fayette. I take the liberty of troubling you with them,
on a supposition that it may be possible to have this article furnish-
ed from those two States to this country, immediately, without its
passing through tlie entrepot of London, and the returns for it be-
mg made, of course, in London merchandise. Twenty thousand hogs-
heads of tobacco a year, delivered here in exchange for the pro-

ve

233

kd,
Sir,

n.

785.

le re-
Wtarch
s with
B pur-
3 wise
ible to
ercise.
o hand
;nt op-
^ndent
could
)e ein-

duce and manufactures of this country, many of which are as good,
some better, and most of them cheaper than in England, would
establish a rivalship for our commerce, which would have happy
effects in all the three countries. Whether this end will be best
effected by giving out these propositions to our merchants, and
exciting them to become candidates with the Farmers General for
this contract, or by any otlier means, your Excellency will best
judge on the spot.

1 have the honor to be, witli sentiments of due respect, .
your Excellency's

most obedient and

most humble servant,
' — • " Th: Jefferson.

P. S. I have written on the last subject to the Governor of
Maryland also.

LETTER LXIV.

TO COLONEL MONROE.

- '•' Paris, June 17, 17ti5.

Dear Sir,

I received three days ago your favor of April the 12th. You
therein speak of a former letter to me, but it has not come to
hand, nor any other of later date than tlie 14th of December.
My last to you was of t)ie 11 th of May, by Mr. Adams, who went
in the packet of that montli. These conveyances are now be-
coming deranged. We have had expectations of their coming to
Havre, which would infinitely facilitate the communication between
Paris and Congress ; but tlieir deliberations on the subject seem
to be taking another turn. They complain of the expense, and
that their commerce with us is too small to justify it. They there-
fore talk of sending a packet every six weeks only. The present
one, therefore, which should have sailed about this time, will not
sail till the 1st of July. However, the whole matter is as yet un-
decided. I have hopes that when Mr. St. John arrives from New
York, he will get them replaced on their monthly system. By
the bye, what is the meaning of a very angry resolution of Con-
gress on his subject? I have it not by me, and therefore cannot
cite it by date, but you will remember it, and oblige me by ex-
plaining its foundation. This will be handed you by Mr. Otto,
who comes to America as Charge des Affaires, in the room of Mr.
VOL. I. 30

234

Marbois, promc- d to the Intendancy of Hispaniola, which office is
next to that of Governor. Hs becomes the head of the civil, as
the Governor is of the military department.

I am much pleased with Otto's appointment; he is good hu-
mored, affectionate to America, will see thin§;3 in a friendly light
when they admit of it, in a rational one, always, and will not pique
himself on writing every trifling circumstance of irritation to his
court. I wish you to be acquainted with him, as a friendly inter-
course between individuals who do business together, produces a
mutual spirit of accommodation useful to both parties. It is very
much our interest to keep up the affection of this country for us,
which is considerable. A court has no affections ; but those of
the people whom they govern, influence tlieir ci i visions, even in
the most arbitrary governments.

The negotiations between the Emperor and Dutch, are spun
out to p. amazing length. At present there is no apprehension
but ths t Jiey will terminate in peace. This court seems to press
it with «rdor, and tlie Dutch are averse, considering tlie terms
cruel and unjust, as they evidently are. The present delays,
therefore, are imputed to their coldness and to their forms. In
the mean time, the Turk is delaying the demarcation of limits be-
tween him and the Emperor, is making the most vigorous prepara-
tions for war, and has composed his ministry of warlike characters,
deemed personally hostile to the Emperor. Thus time seems to
be spinning out, both by tlie Dutch and Turks, and time is wanting
for France. Every year's delay is a great thing for her. It is not
impossible, therefore, but that she may secretly encourage the
delays of the Dutch, and hasten the preparations of the Porte,
while she is recovering vigor herself, also, in order to be able to
present sue' a combination to the Emperor as may dictate to him
to be quiet. But the designs of tliese courts are unsearchable.
It is our interest to pray that this country may have no continental
war, till our peace with England is perfectly setUed. The mer-
chants of this country continue as loud and furious as ever against
the Arret of August, 1784, permitting our commerce with their
islands to a certain degree. Many of them have actually aban-
doned their trade. The ministry are disposed to be firm ; but
there is a point at which they will give way : that is, if the cla-
mors should become such as to endanger their places. It is evi-
dent that notliing can be done by us, at this time, if we may hope
it hereafter. I like your removal to New York, and hope Con-
gress will con jnue there, and never execute the idea of building
their Federal town. Before it could be finished, a change of
members in Congress, or the admission of new States, would re-

235

♦.•

evi-
hope
Con-
ilding
g;e of
,d re-

move them some where else. It is evident tliat when a sufficient
number of tlie western States come in, they will remove it to
Georgetown. In the mean time, it is our interest that it should
remain where it is, and give no new pretensions to any otlier place
I am also much pleased with the proposition to the States to invest
Congress with the regulation of their trade, reserving its revenue
to the States. I think it a happy idea, removing the only objec-
tion which could have been justly made to die proposition. The
time too, is the present, before the admission of the western Sates.
I am very differently affected towards the new plan of opening
our land office, by dividing the lands among the States, and selling
them at vendue. It separates still more the interests of the Slates,
which ought to be made joint in every possible instance, in order
to cultivate the idea of our being one nation, and to multiply tiie
instances in which the people shall look up to Congress as their
head. And when the States get their povtions, they will cither
fool them away, or make a job of it to serve individuals. Proofs
of both these practices have been furnished, and by either of
them that invaluable fund is lost, which ought to pay our public
debt. To sell them at vendue, is to give tliem to the bidders of
the day, be they many or few. It is ripping up the hen which
lays golden eggs. If sold in lots at a fixed price, as first pro-
]X)sed, the best lots will be sold first ; as these become occupied,
it gives a value to the interjacent ones, and raises them, though of
inferior quality, to the price of the first. I send you by Mr. Otto,
a copy of my book. Be so good as to apologise to Mr. Thomp-
son lor my not sending him one by this conveyance. I could not
burthen Mr. Otto witli more, on so long a road as that from here
to L'Orient. I will send him one by a Mr. Williams, who will go
ere long. I have taken measures to prevent its publication. My
reason is, that I fear" tlie terms in which I speak of slavery, and
of our constitution, may produce an irritation which will revolt the
minds of our countrymen against reformation in these two articles,
and thus do more harm than good. I have asked of Mr. Madi-
son to sound this matter as far as he can, and if he thinks it will
not produce that effect, I have then copies enough printed to give
one to each of tlie young men at the College, and to my friends
in the country.

I am sorry to see a possibility of * * being put into the Trea-
sury. He has no talents for the office, and what he has, will be
employed in rummaging old accounts to involve you in eternal
war with * * and he will, in a short time, introduce such dis-
sensions into the commission, as to break it up. If he goes on
the other appointment to Kaskaskia, he will produce a revolt of

i

I

236

that settlement from the United States. I thank you for your at-
tention to my outfit. For tlie articles of household furniture,
clothes, and a carriage, I have aheady paid twenty-eight thousand
livres, and have still more to pay. For the greatest part of this, I
have been obliged to anticipate my salary, from which, however, 1
shall never be able to repay it. 1 find, that by a rigid economy,
bordering however on meanness, I can save perhaps, five hundred
livres a month, at least in the summer. The residue goes for ex-
penses so much of course and of necessity, that I cannot avoid them
without abandoning all respect to my public character. Yet I will
pray you to touch this string, which I know to be a tender one
witli Congress, with the utmost delicacy. I had rather be ruined
in my Ibrtune, than in their esteem. If they allow me half a
year's salary as an outfit, I can get through my debts in time. If
they raise the salary to what it was, or even pay our house rent
and taxes, I can live with more decency. I trust that Mr. Adams's
house at the Hague, and Dr. Franklin's at Passy, the rent of
which has been always allowed him, will give just expectations of
the same allowance to me. Mr. Jay, however, did not charge it,
but he lived economically and laid up money.

I will take the liberty of hazarding to you some thoughts on
the policy of entering into treaties with the European nations,
and the nature of them. I am not wedded to tliese ideas, and,
therefore, shall relinquish them cheerfully when Congress shall
adopt others, and zealously endeavor to carry theirs into effect.
First, as to the policy of making treaties. Congress, by the Con-
federation, have no original and inherent power over the commen ■'■
of the States. But by the 9th article, they are authorised to enter
into treaties of commerce. The moment these treaties are con-
cluded, the jurisdiction of Congress over the commerce of the
States, springs into existence, and that of tlie particular States is
superseded so far as the articles of the treaty may have taken up
the subject. There are two restrictions only, on the exercise of
the power of treaty by Congress: 1st. That tliey shall not, by
such treaty, restrain the legislatures of the States from imposing
such duties on foreigners, as their own people are subject to :
nor 2ndly, from prohibiting the exportation or importation of any
particular species of goods. Leaving tliese two points free. Con-
gress may, by treaty, establish any system of commerce they
please ; but, as I before observed, it is by treaty alone they can
do it. Though they may exercise their other powers by resolution
or ordinance, those over commerce can only be exercised by
forming a treaty, and this, probably, by an accidental wording of
our Confederation. If, therefore, it is better for the States that

237

Congress should rd^ulate their commerce, it is proper that they
should form treaties with all nations with whom we may possibly
trade. You see that my primary object in the formation of trea-
ties, is to take tlie commerce of the States out of the hands of the
States, and to place it under the superintendence of Congress, so
far as tlie imperfect provisions of our constitution will admit, and
until the States shall, hy new compact, make them more perfect.
I would say then to every nation on earth, by treaty, your people
shall trade freely with us, and ours with you, paying no more than
the most favored nation, in order to put an end to the right of in-
dividual States, acting by fits and starts, to interrupt our commerce
or to embroil us with any nation. As to the terms of these trea-
ties, the question becomes more difficult. I will mention tliree
different plans. 1. That no duties shall be laid by either party
on the productions of the other. 2. That each may be permitted
to equalise their duties to those laid by the other. 3. That each
shall pay in the ports of the otlier, such duties only as the most
favored nations pay.

1. Were the nations of Europe as free and unembarrassed of
established systems as we are, I do verily believe they would con-
cur witli us in the first plan. But it is impossible. These esta-
blishments are fixed upon them ; they are uiterwoven witli the body
of their laws and the organization of their government, and they
make a great part of their revenue ; they cannot then get rid of
them.

2. The plan of equal imposts presents difficulties insurmountable.
For how are the equal imposts to be effected ? Is it by kying in
the ports of A, an equal per cent, on the goods of B, with that
which B has laid in his ports on the goods of A ? But how are
we to find what is tliat per cent. ? For this is not the usual form of
imposts. They generally pay by the ton, by the measure, by the
weight, and not by the value. Besides, if A sends a million's
worth of goods to B, and takes back but the half of that, and each
pays the same per cent., it is evident that A pays the double of
what he recovers in the same way from B : this would be our case
with Spain. Shall we endeavor to effect equality, then, by saying
A may levy so much on the sum of B's importations into his ports,
as B does on the sum of A's importations into the ports of B ?
But how find out that sum ? Will either party lay open their cus-
tom house books candidly to evince this sum ? Does either keep
their books so exactly as to be able to do it ? This proposition
was started in Congress when our instructions were formed, as
you may remember, and tlie impossibility of executing it occasioned
it to be disapproved. Besides, who should have a right of decid-

KM' \

^,.

238

ing, when the imposts were equal. A wouffi say to B, my im-
posts do not raise so much as yours ; I raise them therefore. B
would tlien say, you have made them greater than mine, I will
raise mine ; and thus a kind of auction would be carried on be-
tween them, and a mutual irritation, which would end in any thing,
sooner than equality and right.

3. I confess then to you, that I see no alternative left but that
which Congress adopted, of each party placing the other on the
footmg of the most favored nation. If the nations of Europe, from
their actual establishments, are not at liberty to say to America,
that she shall trade in their ports duty free, they may say she may
trade there paying no higher duties than the most favored nation ;
and this is valuable in many of these countries, where a very great
difference is made between different nations. There is no diffi-
culty in the execution of this contract, because there Is not a mer-
chant who does not know, or may not know, the duty paid by
every nation on every article. This stipulaiion leaves each party
at liberty to regulate their own commerce by general rules, while
it secures the other from partial and oppressive discriminations.
The difficulty which arises in our case is, with the nations having
American territory. Access to the West Indies is indispensably
necessary to us. Yet how to gain it, when it is the established
system of these nations to exclude all foreigners from their colo-
nies. The only chance seems to be this : our commerce to the mo-
ther countries is valuable to them. We must endeavor, then, to
make this the price of an admission into their West Indies, and to
those who refuse the admission, we must refuse our commerce, or
load theirs by odious discriminations in our ports. We have this
circumstance in our favor too, that what one grants us in their
islands, the others will not find it worth their while to refuse. The
misfortune is, that with this country we gave this price for their
aid in the war, and we have now nothing more to offer. She be-
ing withdrawn from the competition, leaves Great Britain much
more at liberty to hold out against us. This is the difficult part
of the business of treaty, and I own it does not hold out the most
flattering prospects.

I vi^ish you would consider this subject, and write me your
thoughts on it. Mr. Gerry wrote me on the same subject. Will
you give me leave to impose on you the trouble of communicating
this to him ? It is long, and will save me much labor in copying.
I hope he will be so indulgent as to consider it as an answer to
that part of his letter, and will give me his further thoughts on it.

Shall I send you so much of the Encyclopedic as is already
published, or reserve it here till you come ? It is about forty vo-

. 239

lumes, which probably is about half the work. Give yourself no
♦ uneasiness about the money ; perhaps I may find it convenient to
ask you to pay trifles occasionally for me in America. I sincerely
wish you may find it convenient to come here ; the pleasure of the
trip will be less than you expect, but the utility greater. It will
make you adore your own country, its soil, its climate, its equality,
liberty, laws, people and manners. My God ! how little do my
countrymen know what precious blessings they are in possession
of, and which no other people on earth enjoy. I confess 1 had no
idea of it myself. While we shall see multiplied instances of Eu-
ropeans going to live in America, I will venture to say no man now
living, will ever see an instance of an American removing to settle
in Europe, and continuing there. Come then and see the proofs
of this, and on your return add your testimony to that of every
thinking American, in order to satisfy our countrymen how much
it is their interest to preserve, uninfected by contagion, those pe-
culiarities in their governments and manners, to which they are in-
debted for those blessings. Adieu, my dear friend ; present me
affectionately to your colleagues. If any of tliem think me worth
writing to, tliey may be assured that in the epistolary account I
will keep the debit side against them. Once more, adieu.

Your's affectionately,

Th: JErFERSON.

P. S. June 19. Since writing the above we have received the
following account : Monsieur Pilatre de Roziere, who had been wait-
ing for some months at Boulogne for a fair wind to cross the chan-
nel, at length took his ascent with a companion. The wind changed
after a while, and brought him back on the French coast. Being
at a height of about six thousand feet, some accident happened to
his balloon of inflammable air ; it burst, they fell from tliat height,
and were crushed to atoms. There was a montgolfier combined
with the balloon of inflammable air. It is suspected the heat of
the montgolfier rarefied too much the inflammable air of the other,
and occasioned it to burst. The montgolfier came down in good
order. T. J.

'^^

240

LETTER I. XV.

TO CHARLES TH*^*" SONv

if

r

■I

Paris, Juno 21, 1785.

Dgar Sir,

Your favor of March tlie Gth, has come duly to hand. You
therein acknowledge the receipt of mine of November the 11th;
at tliat time you could not have received my last, of February tlie
8tli. At present there is so little new in politics, literature, or the
arts, that I write rather to prove to you my desire of nourishing
your correspondence, than of being able to give you any thing inte-
resting at iliis time. The political world is almost lulled to sleep
by the letliargic state of the Dutch negotiation, which will proba-
bly end in peace. Nor docs this court profess to apprehend, that
the Emperor will involve this hemisphere in war by his schemes
on Bavaria and Turkey. The arts, instead of advancing, have
lately received a check, which will probably render stationary for
a while, that branch of them which had promised to elevate us to
the skies. Pilatre de Roziere, who had first ventured into that
region, has fallen a sacrifice to it. In an attempt to pass from Bou-
logne over to England, a change in the wind having brought him
back on the coast of France, some accident happened to his bal-
loon of inflammable air, which occasioned it to burst, and that of
rarefied air combined with it being then unequal to the weight,
they fell to the earth from a height, which the first reports made
six diousand feet, but later ones have reduced to sixteen hun-
dred. Pilotre de Roziere was dead when a peasant, distant
one hundred yards only, run to him ; but Romain, his companion,
lived about ten minutes, though speechless, and without his senses.
In literature there is nothing new. For I do not consider as Iiaving
added any thing to that field, my own Notes, of which I have had a
few copies printed. I will send you a copy by the first safe convey-
ance. Having troubled Mr. Otto with one for Colonel Monroe,
I could not charge him with one for you. Pray ask the favor of
Colonel Monroe in page 5, line 1 7, to strike out tlie words ' above
the mouth of Appamattox,' which make nonsense of the passage ;
and I forgot to correct it before I had enclosed and sent off the
copy to him. I am desirous of preventing the reprinting this,
should any book merchant think it worth it, till I hear from my
friends, whether the terms in which I have spoken of slavery and
the constitution of our Stale, will not, by producing an irritation,
retard lliat reformation which I wish, instead of promoting it. Dr.

241

.t

Franklin proposes to sail for America about the first (k secund week
of July. Ho (Iocs iiol yet know however, by what ronveyanee ho
can go. Unable to travel by land, he must descend the Seme in
a boat to Havre. He has sent to England to get some vewel
bound for Philadelphia, to touch at Havre for him. But ho re-
ceives information tliat this cannot be done. He has been on the
look out ever since he received his permission to return ; but, as
yet, no possible means of getting a passage have offered, and I fear
it is very uncertain when any will offer.
I am with very great estofnu, Dear Sir,

yuur friend and servant,

Th: JEriTBSOM.

LETTER LXVI.

TO WILLIAM CARMICHAEL.

Sir,

Paris, June 29, 1786.

nvey-
inroe,
ror of
ibove
sage ;
r the
this,
my
and
ation,
Dr.

Your letter of April the 4tli, came to my hands on the 16th of
that mooHfl^ and was acknowledged by mine of May tlie 3r4.
That which you did me the honor to write me on the 5th of April,
never came to hand until the 19th of May, upwards of ajnontli af-
ter the one of the day before. I have hopes of sending the present
by a Mr. Jarvis, who went from hence to Holland some time ago.
About this date, I suppose him to be at Brussels, and that from
thence he will inform me, whether, in his way to Madrid, he will
pass by this place. If he does, this shall be accompanied by a
cypher for our future use ; if he does not, I must still await a safe
opportunity. Mr. Jarvii, is a citizen of the United States, from.
New York, a gendeman of intelligence, in the mercantile line,
from whom you will be able to get considerable information of
American afiairs. I think he left America in January. He in-
formed us that Congress were about to appoint a Mr. Lambe, of
Connecticut, theu: consul to Morocco, and to send him to their
ministers, commissioned to treat with the Barbary powers, for in-
structions. Since that, Mr. Jay enclosed to Mr. Adams, in London,
a resolution of Congress deciding definitively on amicable treaues
with the Barbary States, in the usual way, and informing him that
he had sent a letter and instructions to us, by Mr. Lambe. Though
it is near three weeks since we received a communication of this
from Mr. Adams, yet we hear nothing further of Mr. Lambe.

VOL. !. 31

^

' M!

f';

fl42

Our powers of treating widi the Barbsry States arc full, but in the
amount of the expense we are limited. 1 believe you may safely
assure them, that they will soon receive propositions from us, if
you find such an assurance necessary to keep tliem quiet. Turn-
ing at this instant to your letter dated April r)th, and considering it
attentively, I am persuaded it must have been written on the 5th
of May : of this little mistake I ought to have been sooner sensible.
Our latest letters from America, are of the middle of April, and
are extremely barren of news. Congress had not yet proposed
a time for their recess, tliough it was thought a recess would lake
place. Ml'. Morris had retired, and tlm treasury 'was actually ad-
ministered by commissioners. Their land office was not yet
opened. The settlements at Kaskaskia, within the territory ceded
to them by Virginia, had prayed the establishment of a regular
government, and they were about sending a commissioner to them.
General Knox was appointed their secretary of the war c^ce.
These, I think, are the only facts we have learned which are worth
communicating to you. The in) ihitants of Canada have sent a
sensible petition to their King, praying the establishment of an
Assembly, the benefits of the habeas corpus laws, and other privi-
leges of British subjects. The establishment of an Assembly is
denied, but most of their other desires granted. We are now in
hourly expectation of the arrival of the packet which ^uld have
sailed from New York in May. Perhaps that may bring us mat-
ter which may furnish the subject of a more interesting letter.

In die mean time, I have the honor to be, with the highest re-
spect, Sir,

your most obedient and

most humble servant,

Th: Jefferson.

P. S. July 14. I have thus long waited, day after day, hoping
to hear from Mr. Jarvis, that I might send a cypher with this : but
now give up the hope. No news yet of Mr. Lambe. The
packet has arrived but brings no intelligence, except that it is
doubtful whether Congress will adjourn this summer. The As-
sembly of Pennsylvania propose to suppress their bank on prin-
ciples of policy. T. J.

243

LETTER LXVII.

TO JOHN ADAMS.

Parii, June 83, 1785.
Dear Sir,

My last to you was of the 2nd instant, since which I have re-
ceived yours of the 3rd and 7th. I informed you in mine of the
substance of our letter to Baron Thulemever : last night came to
liand his acknowledgment of the receipt of it. He accedes to the
method proposed for signing, and has forwarded our dispatch to
the King. I enclose you a copy of our letter to Mr. Jay, to go
by the packet of this month. It contains a state of our proceed-
ings since the preceding letter, which you had signed with us.
This statement contains nothing but what you had concurred with
us in; and, as Dr. Franklin expects to go early in July to America,
it is probable that tjie future letters must be written by you and
myself. I shall therefore take care that you he furnished with
copies of every thing which comes to Iiand on the joint business.

What i become of this Mr. I/«mbe? I am uneasy at the de-
lay of th- business, since ^re know the ultimate decision of Con-
gress. Dr. Franklin, having a copy of the Corps Diplomatique,
has promised to prepare a draught of a treaty to be offered to the
Barbary Stales' ; as soon as he has done so, we will send it to you
for your corrections. We think it will be best to have it in readi-
ness against the arrival of Mr. Larabe, on the supposition that he
may be addressed to the joint ministers for instructions.

I asked the favor of you in my last, to choose two of the best
London papers for me ; one of each party. The Duke of Dorset
has given me leave to have them put under his address, and sent
to the office from which his despatches come. I think he called
it Cleveland office, or Cleveland lane, or by some such name ;
however, I suppose it can easily be known there. Will Mr. Stock-
dale undertake to have these papers sent regularly, or is this out
of the line of his business ? Pray order me also any really good
pamphlets that come out from time to time, which he will charge
to me.

I am, with great esteem. Dear Sir,

your friend and servant,

Th: Jefferson.

tf"!f

^^^

244

LETTER LXVIIl.

TO COLONEL MONROE.

ill.;

! ''1

ill

;,(■•«

!<

Paris, July 5, 1785.

Deaf Sir,

I wrote you by Mr. Adams, May the 11th, and by Mr. Otto,
June the 17th. The latter acknowledged the receipt of yours of
April the 12tli, which is the only one come to hand of later date
than December tlie 14th. Little has occurred since my last. Peace
seems to show herself under a more decided form. The Emperor
is now on a journey to Italy, and tlie two Dutch Pleniixjtentiaries
have set out for Vienna ; there to make an apology for their State
having dared to fire a c^uii in defence of her invaded rights : this
is insisted on as a preliminary condition. The Emperor seems to
prefer the glory of terror to that of justice ; and, to satisfy this tin-
sel passion, plants a dagger in the heart of every Dutchman which
no time will extract. 1 enquired lately of a gentleman who lived
long at Constanthiople, in a public character, and enjoyed the
confidence of that goyernmeni, insomuch, as to become well ac-
quainted with its spirit and its powf^rs, what he thought might be
the issue of the present affair between tlie Emperor and the Porte.
He thinks the latter will not push matters to a war ; and, if they do,
they must fail under it. They have lost their warlike sj)irit, and
their troops cannot be induced to adopt tlie European arms. We
have no news yet of Mr. Lambe ; of course, our Barbary pro-
ceedings are still at a stand.*

Yours affectionately,

Th: Jefferson.

Ml

LETTER LXIX.

1^^

fir

TO MRS. SPROWLE.

Paris, July 5, 1785.
Madam,

Your letter of the 21st of June, has come safely to hand. That
which you had done me the honor of writing before, has not yet
been received. It having gone by Dr. Witherspoon to America,

[• The rema!;^der of this letter is in cypher, to which there is no key in the
£aitor'8 poB<'.jd8ion.J

Di

This
«ind my
it private

245

which I had left before his return to it, the delay is easily ac-
counted for.

1 wish you may be rightly informed that tlie property of Mr.
Sprowle is yet unsold. It was advertised so long ago, as to found
a presumption tliat the sale has taken place. In any event you
may go safely to Virginia. It is in the London newspapers only,
that exist tliose mobs and riots, which arc fabricated to deter
strangers from going to America. Your person will be sacredly
safe, and free from insult. You can best judge, from tlie charac-
ter and qualities of your son, whether he may be an useful coad-
jutor to you there. I suppose him to have taken side with the
British, before our Declaration of Independence ; and, if tins was
the case, I respect the candor of tlie measiu"e, though I do not its
wisdom. A right to take the side which every man's conscience
approves in a civil contest, is too precious a right, and loo favora-
ble to the preservation of liberty, not to be protected by all its
well informed friends. The Assembly of Virginia have given
sanction to this right in several of their laws, discriminating honora-
bly, those who took side against us, before the Declaration of In-
dependence, from those who remained among us, and strove to
injure us by their treacheries. I sincerely wish diat you, and every
other to whom this distinction applies favorably, may find in the
Assembly of Virginia, the good effects of that justice and gene-
rosity, which have dictated to diem this discrimination. It is a
sentiment which will gain strength in their breasts, in pro}X)rtion
as they can forget the savage cruelties committed on Uiem, and
will, I hope, in the end, induce diem to restore the property itself,
wherever it is unsold, and the price received for it, where it has
been actually sold.

I am. Madam,

your very humble servant,

Th: Jefferson.

I

LETTER LXX.

TO JOHN ADAMS.

liutho

Pariu, July 7, 176r>.
Dear Sir,

This will accompany a joint letter enclosing tlie draft of a treaty,
and my private letter of .lime J.Jrd, which has waited so long f«»r
a private conveyance. We daily expect from the IJaron Thu-

it

If':

y

246

lemeyer, the French column for our treaty with his sovereign. In
the mean while, two copies are preparinc witli tlie English column,
which Dr. Franklin wishes to sign before his departure, wiiich
will be within four or five days. The French, when reaeivcd,
will be inserted in the blank columns of each copy. As tlie mea-
sure of signing at separate times and places is new, we think it
necessary to omit no other circumstance of ceremony which can
be observed. That of sending it by a person of confidence, and
invested with a character relative to the object, who shall attest
our signature here, yours in London, and Baron Thulemeyer's at
die Hague, and who siiall make the actual exchanges, we think
will contribute to supply the departure from Uie usual form, in
other instances. For tliis reason, we have agreed to send Mr.
Short on diis business, to make him a secretary pro hac vice^ and
to join Mr. Dumas for die operations of exchange, &,c. As Dr.
Franklin will have left iis before Mr. Short's mission vvill commence,
and 1 have never been concerned in the ceremonials of -a treaty,
I will thank you for your immediate information as to the papers
he shoidd be furnished with from hence. He will repair first to
you in London, thence to the Hague, and then return to Paris.

What has become of Mr. Lambe ? Supposing he was to call on
the commissioners for instructions, and thinking it best these should
be in readiness, Dr. Franklin undertook to consult well die Bar-
bary treaties with odier nations, and to prepare a sketch which we
should have sent for your correction. He tells me he has con-
sulted diose treaties, and made references to die articles proper
for us, which, however, he will not have time to put into form, but
will leave di»;m widi me to r(Mluce. As soon as I see them, you
shall hear from mo. A late conversation with an English gende-
man here, makes me believe, what 1 did not believe before ; that
his nation Uiinks seriously diat Congress have no power to form a
treaty of commerce. As tb.e explanations of diis matter, which
you and I may separately give, may be handed to dieir minister.
It would be well Uiat they should agree. For this reascn, as well
as for die hope of your shewing me wherein I am wr »< ,g, and
confirming me where I am right, I will give yoti my crtcd on die
subject. It is contained in dicse four principles. By the Confe-
deration, Congress have no power given them, in the first instance,
over the commerce of the Slates. But they have a power given
tliem of entering into treaties of commerce, and these treaties may
cover the whole field of commerce, widi two restrictions only.
\. That the States may impose equal duties on foreigners as na-
tives : and 2. That they may prohibit the exportation or importa-
tion of any species of goods whatsoever. When they shall have

in

247

entered into such treaty, the superintendence of it results to them ;
all the operations of commerce, which are protected by its stipu**
lations, come under dicir jurisdiction, and the power of tlie States
to thwart them by theii* separate acts, ceases, if Great Britain
asks, then, why she should enter into treaty witli us ? why not carry
on her commerce without, treaty ? I answer ; because till a treaty is
made, no consul of hers can be received, (his functions being
called into existence by a convention only, and the States having
abandoned the right of separate agreements^nd treaties ;) no pro-
tection to her commerce can be given by Congress ; no cover to it
from those checks and discouragements, with which the States
will oppress it, acting separately, and by fits and starts. That they
will act so till a treaty is made, Great Britain has had several
proofs ; and I am convinced those proofs will become general. It
is then to put her commerce with us on systematical ground, and
under safe cover, that it behoves Great Britain to enter into treaty.
And I own to you, that my wish to enter into treaties with the
other powers of Europe, arises more from a desire of bringing ?»11
our commerce under the jurisdiction of Congress, than from any
other views. Because, according to my idea, the commerce of
the United States with those countries net under treaty with us, is
under the jurisdiction of each State separately; but that of the
countries w>"ich have treated with us, is under the jurisdiction of
Congress, with the two fundamental restraints only, which I have
before noted.

I shall be happy to receive your corrections of these ideas, as I
have found, in tlie course of our joint services, tiiat i think right
when I think with you.

I am, with sincere affection, Dear Sir,

your friend and sei-vant,

Th: Jefferson.

P. S. Monsieur Houdon has agreed to go to America to take
the figure of General Wasliiugton. In case of his dcatii, between
his departure from Paris, and his return to it, we may lose twenty
thousand livres. I ask the favor of you to inquire what it will cost
to ensure that sum, on his life, in London, and to give me as early
an answer as possible, tliat 1 may order the ensurance if I think
the terms easy enough. He is, I believe, between thirty and thirty-
five years of age, healtiiy enough, and will be absent about six
months. T. J.

1

: lyy

348

.j^-\M'

"-c"-^

■>■ " r.

I

LETTER LXXI.

■,'hr,. ■

TO GENERAL W>SHINOTON.

Paris, July 10, 1785.
. Dear Sir,

^■^ Mr. Houdon would much sooner have had the honor of attend-
ing you, but for a spell of sickness which long induced us to do-
rof his recover)vlnd from which he is but recently recovered,
comes now, for the purpose of lending the aid of hb art to
transmit you to posterity. He is \trithout rivalship in it, being em-

E loved from all parts of Europe 'n\ whatever is capital. He has
ad a difficulty to withdraw himseW' from uu order of the Empress
<^ Russia ; a difficulty luiwever, that arose iron* a deairo to shew
her respect, but which never gave him a moment's hesitation about
his present voyage, which he considers as pronnsing th<9 brightest
ilibapter of his history. I have spoken (^ him as <.in artist only;
but I can assure you also, that, as a man, he is disinterested, gene-
rous, candid, and panting after glory : in every circumstance merit-
mg your good opinion. He will have need to see you much while
he riiall have the honor of being with you ; which you can the
more freely admit, as his eminence and merit give him admission
into genteel societies here. He will need an interpreter. I sup-
pose you could procure some person from Alexandria, who might
be agreeable to yourself, to perform this office. He brings with
him one or two subordinate workmen, who of course will associate
with their own class only.

On receiving the favor of your letter of February the 2Cth, I
communicated the plan for clearing the Potomac, witli the act of
Assembly, and an explanation of its probable advantages, to Mr.
Grand, whose acquaintance and connecdon with the monied men
here, enabled him best to try its success. He has done so ; but
to no end. I enclose you his letter. I am pleased to hear in the
mean time, that die subscriptions are likely to be filled up at
home. This is infinitely better, and will render the proceedings
of the company much more harmonious. I place an immense
importance to my own country, on this channel of connection with
the new western States. I shall continue uneasy till I know that
Virginia has assumed her ultimate boundary to the westward.
The late example of the State of Franklin separating from North
Carolina, increases my anxieties for Virginia.

The confidence you are so good as to place in me, on the sub-
ject of the interest lately given you by Virginui in die Potomac

t

249

company, is very flattering to me. But it is distressing also, inas-
much as, to deserve it, it obliges me to give my whole opinion.
My wishes to see you made perfecdy easy, by receiving those iust
returns of gradtude from our country to which you are enutled,
would induce me to be contented with saying, what is a certain
truth, that the world would be pleased with stieing them heaped
on you, and would consider your receiving them as no derogation
from your reputation. But I must own that the declining them
will add to that reputation, as it will shew tliat your motives have
been pure and without any alloy. This testimony, however, is not
wanting either to those who know you, or who do not. I must
therefore repeat, tliat I tliink the receiving tliem will not, in the
least, lessen the respect of the world, if from any circumstances
they would be convenient to you. The candor of my communi-
cation will find its justificauon, I know, with you.

A tolerable certainty of peace leaves little interesting in tlie way
of intelligence. Holland and the Emperor will be quiet. If any
thing is brewing, it is between the luUer and the Porte. Nothing
in prospect as yet from England. We shall bring them, however,
to a decision, now that Mr. Adams is received there. I wish much
to hear that the canal through die Dismal Swamp is resumed.

I have the honor to be, with Uie highest respect and esteem.
Dear Sir, your most obedient,

and most humble servant,

Th: Jefferson.

',. 't-^

LJETTER LXXII.

TO THK GOVERNOR OF VIRGINIA.

up at
sedings

•k

Sir,

Paris, July 11, 178'>.

Mr. Houdon's long and desperate illness has retarded, till now,
his departure for Virginia. We had hoped, from our first con-
versations with him, that it would be easy to make our terms, and
that the cost of the statue and expense of sending him, would be
but about a thousand guineas. But when we came to setde this
precisely, he thought himself obliged to ask vastly more ; inso-
much, that at one moment, we thought our treaty at an end. But
unwilling to commit such a work to an inferior hand, we made
him an ultimate proposition on our part. He was as much morti-
vuh. 1. 62

■h

250

b';

B!

m

fied at the prospect of not being the executor of such a work, as
we were, not to have it done by such a hand. He therefore ac-
ceded to our terms ; though we are satisfied he will be a consid-
erable loser. We were led to insist on them, because, in a former
letter to the Governor, I had given the hope we entertained of
bringing the whole within one thousand guineas. The terms are
twenty-five thousand livres, or one thousand English guineas (the
English guinea being wortli twenty-five livres) for the statue and pe-
destal. Besides this, we pay his expenses going and returning, which
we expect will be between four and five diousand livres : and if he
dies on tlie voyage, we pay his family ten thousand livres. This
latter proposition was disagreeable to us; but he has a father,
mother, and sisters, who have no resource but in his labor : and he
is himself one of the best men in the world. He therefore made
it a sine qua non, without which all would have been oflT. We
have reconciled it to ourselves, by determining to get insurance on
his life made in London, which we expect can be done for five
per cent. ; so tliat it becomes an additional slim of five hundred
livres. I have written to Mr. Adams to know, for what per cent,
the insurance can be had. I enclose you, for a more particular
detail, a copy of the agreement. Dr. Franklin, being on his de-
parture, did not become a party to the instrument, though it has
been concluded with his approbation. He was disposed to give
two hundred and fifty guineas more, which would have split the
difference between the actual terms, and Mr. Houdon's demand.
I wish the State, at the conclusion of the work, may agree to give
him this much more ; because I am persuaded he will be a loser,
which, I am sure, their generosity would not wish. But I have not
given him the smallest expectation of it, choosing the proposition
should come from tlie State, which will be more honorable. You
will perceive by the agreement, that I pay him immediately
8333 1-3 livres, which is to be employed in getting tlie marble in
Italy, its trans|X)rtation, &tc. The package and transportation of
his stucco to make the moulds, will be about five hundred livres.
1 shall furnish him with money for his expenses in France, and I
have authorised Dr. Franklin, when he arrives in Philadelphia, to
draw on me for money for his other expenses, going, staying, and
returning. These drafts will have been made probably, and will
be on their way to me, before you receive tliis, and with the
payments made here, will amount to about five thousand livres
more than the amount of the bill remitted me. Another third, of
8333 1-3 livres, will become due at the end of the ensuing year.
Dr. Franklin leaves Passy this morning. As he travels in a
litter, Mr. Houdon will follow him some days hence, and will em-

251

hark with liiin for Philadelphia. I am in hopes he neei! not slay
iti America more than a montlu

I have the honor to be, witli due resj^ect, your Excellency's

most obedient

and most humble servant,

Th: Jefferson.

LETTER LXXIII.

TO THE PRESIDENT OF CONGRESS.

ivres.
and I
lia, to
and
d will
the
livres
rd, of
year,
in a
1 em-

h

(Private.) Paris, July 12, 1785.

Dear Sir,

I was honored, two days ago, with yours of May the 16th, and
thank you for the intelligence it contained, much of which was new
to me. It was die only letter I received by this packet, except
one from Mr. Hopkinson, on philosophical subjects. I generally
write about a dozen by every packet, and receive sometimes one,
sometimes two, and sometimes ne'er a one. You are right in
supposing all letters opened which come either through the French
or English channel, unless trusted to a passenger. Your's had
evidently been opened, and I think I never received one through
Jje post office which had not been. It is generally discoverable by
the smoakiness of tlie wax, and fainmess of the re-impression.
Once they sent me a letter open, having forgotten to re-seal it. I
should be happy to hear that Congress thought of establishing
packets of their own between New York and Havre ; to send a
packet from each port once in two months. The business might
possibly be done by two packets, as mH be seen by the following
scheme, wherein we will call the ♦wo packets A and B.

January, A sails from New York, B from Havre,
February,

March, B "

New York, A

April,
May, A

New York, B

June,

July, B

New Yoik, ^

August,

September, A"

New York, B

October,

November, B"

New York, A

December,

((

((

i(

((

((

Havre,
Havre,
Havre,
Havre,
Havre,

^^

l" »>.'«' 1

Ubii

ft

%--

RT

I am persuaded that govtrament would gladly arrai\?;o this me-
thod witli us, and send their packets in the intermediate months,
as they are tired of the expense. We should then have a safe
conveyance eveiy two months, and one for common matters every
month. A courier would pass between this and Havre ui twenty-
four hours. Could not the surplus of tlie post office revenue be
applied to this ? This establishment would look like the commence-
ment of a little navy ; the only kind of force we ought to possess.
You mention that Congress is on the subject of requisition. No
subject is more interesdng to the honor of the States. It is an
opinion which prevails much in Europe, that our government wants
authority to draw money from the States, and that the States want
faith to pay their debt^i. I shall wish much to hear how far the
requisitions on ' ^ Str.ies are productive of actual cash. Mr. Grand
informed me, t - «itiv iay, that the commissioners were dissatis-
fied with liis havt /; puia *c tliis country but two hundred thousand
livres, of the four hundic<. thousand for which Mr. Adams drew
on Holland ; reserving tlie residue to replace his advances and fur-
nisli current expenses. Tliey observed that these last objects
might have been effected by the residue of the money in Holland,
which was lying dead. Mr. Grand's observation to me was, that
Mr. Adams did not like to draw for these purposes, that he him-
self had no authority, and that the commissioners had not accom-
panied their complaints with any draft on that fund ; so that the
debt still remains unpaid, while the money is lying dead in Hol-
land. He did not desire me to mention tliis circumstance ; but
should you see tlie commissioners, it might not be amiss to com-
municate it to them, that iliey may take any measures they please,
if they tliink it proper to do any thing in it. I am anxious to hear
what is done witli the States of Vermont and Franklin. I think
that the former is the only innovation on the system of April 23rd,
1784, which ought ever jKJSsibly to be admitted. If Congress are
not firm on that head, our several States will crumble to atoms by
the spirit of establishing every little canton into a separate State.
I hope Virginia will concur in that plan as to her territory South of
the Ohio ; and not leave to the western country to withdraw them-
selves by force, and become our worst enemiesjnstead of our best
friends. • ^

I have the honor to be, with sentiments of great respect,
your Excellency's

most obedient and

most humble servant,

Th: Jefferson.

#

253

LKTTBR LXXIV.

ios.

TO THE VIRGINIA DELEGATES IN CONGRESS.

Porii, July 13, 1785.
Gentlemen,

In consequence of the orders of the legislative and executive
bodies of Virginia, I have engaged Monsieur Houdon to make the
statue of General Washington. For tliis purpose it is necessary
for him to see the General. He tlierefore goes with Doctor Frank-
lin, and will have tlie honor of delivering you this himself. As his
journey is at the expense of the State, according to our contract,
I will pray you to favor him with your patronage and counsels,
and to protect him as much as possible, from those impositions to
which strangers are but too much exposed. I have advised him
to proceed in tlie stages to the General's. I have r > P5:reed, if
he can see Generals Greene and Gates, whose busts i.<e is a de-
sire to execute, that he may make a moderate de atioii for tliis
purpose, after he has done with General Washington.

But the most important object with him, is to be '•mployed to
make General Washington's equestrian statue for Congress. No-
thing but the expectation of this, could have engr ^d him to have
underL.^ken this voyage ; as the pedestrian statue, for Virginia, will
not make it worth the business he loses by absenting himself. I
was therefore obliged to assure him of my recommendations for
this greater work. Having acted in this for the state, you will, I
hope, think yourselves in some measure bound to patronise and
urge his being employed by Congress. I would not have done
this myself, nor asked you to do it, did I not see that it would be
belter for Congress to put this business into his hands, than into
those of any other person living, for tliese reasons : 1. He is, with-
out rivalship, the first statuary of this age ; as a proof of which, he
receives orders from every other country for things intended to be
capital. 2. He will have seen General Washington, have taken
his measures in every part, and, of course, whatever he does of him
will have the merit of being original, from which other workmen
can only furnish copies. 3. He is in possession of the house, the
furnaces, and all the apparatus provided for making the statue of
Louis XV. If any other workman be employed, this will all have
to be provided anew, and, of course, to be added to the price of
the statue ; for no man can ever expect to make two equestrian
statues. The addition which this would be to the price, will much
exceed the expectation of any person who has not seen that appa-

254

ratus. In truth it is immense. As to the price of the work, it
will be much greater than Congress is probably aware of. I have
inquired somewhat into tliis circumstance, and find the prices of
those made for two centuries past, have been from one hundred
and twenty tliousand guineas, down to sixteen thousand guineas,
according to the size. And as far as I have seen, the smaller
they are, the more agreeable. The smallest yet made, is infinitely
above the size of life, and they all appear outree and monstrous.
That of Louis XV. is probably the best in the world, and it is the
smallest here. Yet it is impossible to find a point of view, from
which it does not appear a monster, unless you go so far as to
lose sight of tlie features, and finer lineaments of the face and body.
A statue is not made like a mountain, to be seen at a great dis-
tance. To perceive those minuter circumstances which constitute
its beauty, you must be near it, and, in tluit case, it should be so
little above the size of tlie life, as to appear actually of that size,
from your point of view. 1 should not therefore fear to propose,
that the one intended by Congress, should be considerably smaller
than any of those to be seen here ; as I think it will be more beau-
tiful, and also cheaper. I have troubled you with tliese observa-
tions, as they have been suggested to me from an actual sight of
works of this kind, and I supposed they might assist you in making
up your minds on tliis subject. In making a contract with Mon-
sieur Houdon, it would not be proper to advance money, but as
his disbursements and labor advance. As it is a work of many
years, this will render the expense insensible. The pedestrian
statue of marble, is to take tliree years ; the equestrian, of course,
would take much more. Therefore the sooner it is begun, the
better.

I am, with sentiments of the highest respect, Gendemen,
your most obedient

and most humble servant,

Th: Jefferson.

LETTER LXXV.

TO JOHN JAY.

Sir,

Paris, July 12, 1785.

My last letter to you was dated the 17th of June. The present
serves to cover some papers put into my hands by Captain Paul
Jones. They respect an antient matter, wliich is shorUy this.

might

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355

While Captain Jones was liovering on the coast of England, in the
year 1779, a British pilot, John Jackson by name, came on hoard
him, supposing liim to be British. Captain Jones found it conve-
nient to detain him as a pilot, and, in the action with the Sernpis,
which ensued, this man lost his arm. It is thought that this gives
him a just claim to the same allowance wiUi others, who have met
with the like misfortune in the service of the United States. Con-
gress alone being competent to this application, it is my duty to
present the case to dieir consideration ; which I beg leave to do
through you.

Dr. Franklin will be able to give you so perfect a state of all
transactions relative to his particular office in France, as well as
to the subjects included in our general commission, that it is un-
necessary for me to enter on them. His dcpartme, with the se-
parate situation of Mr. Adams and myself, will render it difficult
to communicate to you the future proceedings of the commission,
as regularly as they have been heretofore. We shall do it, how-
ever, witli all the punctuality practicable, either separately or joint-
ly, as circumstances may require and admit.

1 have the honor to be, with sentiments of the highest respect,
Sir,

your most obedient and

most humble servant,

Th: Jeffersuk.

'P

i '

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' • 1 1

• V'i "{

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li

LETTER LXXVI.

I

TO MONSIEUR BRIET.

lesent

IPaul

this.

Sir,

Paris, July V,\, 1785.

I am glad to hear that the Council have ordered restitution of
the merchandise seized in L'Orient, contrary to die freedom of the
place. When a court of justice has taken cognisance of a com-
plaint, and has given restitution of the principal subject, if it refuses
some of the accessories, we are to presume diat some circumstance
of evidence appeared to them, unknown to us, and which render-
ed its refusal just and proper. So, in tiie present case, if any cir-
cumstances in the conduct of the owner, or relative to the mer-
chandise itself, gave probable grounds of suspicion that they were
not entided to the freedom of the port, damages for the (K^cntioii
might bo properly denied. Respect for the integrity of courts

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of jiiKiicc, ntid CHpeciully of so lii^h a oiio ns ihul of the King's
Council, obliges us to jiresume Uiot circiimKtaiices nrose wliicli jiisU-
fied this part of their order. It is only in cases where justice is
palpably denied, tiiat one nation, or its ministers, are auUioriKcd to
complain of the courts of anotlier. I hope you will sec, therefore,
that an application from mo as to the damages for detention, would
be improper.

1 have the honor to be, Sir,

your most obedient

and most humble servant,

Th: JErrERsoN.

LKTieK LXXVll.

t

■

t'

TO MESSRS. FRENCH AND NEPHEW.

Paris, July 13, 1785.

Gentlemen,

I had the honor of receiving your letter of June the 21st, en-
closing one from Mr. Alexander of June the 17U), and a copy of
his application to Monsieur de Calonnes. 1 am very sensible Uiat
no trade can be on a more desperate footing than that of tobacco,
in this countiT ; and that our merchants must abandon die French
markets, if they are not permitted to sell the productions they
bring, on such terms as will enable diem to purchase reasonable
returns in the manufactures of France. I know but one remedy
to the evil ; that of allowing a free vent : and I should be very hap-
py in being instrumental to die obtaining this. But while the pur-
chase of tobacco is monopolised by a company, and they pay for
that monopoly a heavy price to die government, they doubtless are
at liberty to fix such places and terms of purchase, as may enable
them to make good their engagements with government. I see
no more reason for obliging them to give a greater price for tobac-
co than they think they can afford, than to do the same between
two individuals treating for a horse, a house, or any diing else.
Could this be effected by applications to the minister, it would only
be a palliative which would retard the ultimate cure, so much to
be wished for and aimed at by every friend to this country, as well
as to America.

I have the honor to be, Gendemen,

your most obedient humble servant,

Th: Jefferson.

♦

257

iisu-
;e is
(i to
fore,
ould

)N.

1785.

St, en-
;opy of
tie tliat
tbacco,

'rench
s they

inable
cniedy
Iry hnp-
he pur-
Ipay for
lless are

enable

I see

lobac-

>etween

ig else.

lid only

inch to
as well

ISON.

LBTTBR LXXVIll.

TO DR. STYLES.

Parii, July 17, 1785.
Sir,

I have If.iig 'deferred doing myself the honor of writing to you,
wishing for an opportunity to accompany my letter with a copy of
the liibliot!iu(|uc Fhysico-aTonomi({ue ; a hook publisiied here
lately in four small volumes, and which gives an account of nil the
improvements in the arts which have been made for some years
past. I Hatter myself you will find in it many diings agreeable
and useful. I accompany it with the volumes of the Connoissancc
des tems for the years 1781, 1784, 1785, 1786, 1787. But why,
you will ask, do 1 send you old almanacks, which are proverbially
useless? Because, in these publications have appeared, from
time to time, some of the most precious things in astronomy. I
have searched out those particular volumes which might be valua-
ble to you on this account. That of 1781, contains de la Caille's
catalogue of fixed stars reduced to the commencement of that
year, and a table of the aberrations and nutations of the principal
stars. 1784 contains the same catalogue with the nebuleuscs of
Messier. 1785 contains the famou^ catalogue of Hamstoed, with
the positions of the stars reduced to the beginning of the year
1784, and which supersedes the use of that immense book. 1786
gives you Euler's lunar tables coirected; and 1787, the tables for
the planet Herschel. The two last needed not an apology, as not
being within the description of old almanacks. It is fixed on
grounds which scarcely admit a doubt, that the planet Herschel
was seen by Mayer in the year 1756, and was considered by him
as one of the zodiacal stars, and as such, arranged in his catalogue,
being the 964th which he describes. This 964tli of Mayer has
been since missing, and the calculations for the planet Herschel
shew that it should have been, at the time of Mayer's observation,
where he places his 964th star. The volume of 1 787, gives you
Mayer's catalogue of the zodiacal stars. The researches of the
natural philosophers of Europe seem mostly in the field of chemis-
try, and here, principally, on the subjects of air and fire. The
analysis of hese two subjects, presents to us very new ideas.
When speaking of the Bibliotheque Physico-oeconomique, I should
have observed, that since its publicarion, a man in this city has
invented a method of moving a vessel on the water, by a machine
worked within the vessel. 1 went to see it. He did not know
VOL. I. 33

258

himself the principle of his own invention. It is a screw witli a
very broad thin worm, or rather it is a thin plate with its edge ap-
plied spirally round an axis. This being turned, operates on the
air, as a screw does, and may be literally said to screw the vessel
along : tlie thinness of the piedium, and its want of resistance, oc-
casion d loss of much of me force. Tlie screw, 1 think, would
be ir :e effectual if placed below the surface of the water. I
very much suspect tliat a countryman of ours, Mr. Bushnel of
Connecticut, is entitled to the merit of a prior discovery of this
use of the screw. 1 remember to have heard of his submarine
navigation during the war, and, from what Colonel Humphreys
now tells me, I conjecture that the screw was the power he used.
He joined to this, a machine for exploding under water at a given
moment. If it were not too great a liberty for a stranger to take,
I would ask from him a narration of his actual experiments, with
or without a communication of his principle, as he should choose. If
he thought proper to connnunicate it, I would engage never to dis-
close it, unless I could find an oj)portunity of doing it for his bene-
fit. I thank }ou for your information as to the great bones found
on the Hudson river. I suspect dial they must have been of
the same animal with those found on the Ohio : and if so, they
could not have belonged to any huma^i figure, because they are ac-
companied with tusks of die size, form and substance, of diose of the
elephant. I have seen a part of die ivory, which was very good.
The animal itself must have been much larger than an elephant.
Mrs. Adams gives me an account of a flower found in Connecti-
cut, which vegetates when suspended in the air. She brought one
to Europe. ^Vhat can be this flower? It would be a curious
present to this continent.

The accommodation likely to take place between the Dutch
and the Emperor, leaves us without that unfortunate resource for
news, which wars give us. The Emperor has certainly had in
view the Bavarian exchange of which you have heard ; but so
formidable an opposition presented itself, that he has thought pro-
per to disavow it. The Turks shew a disposition to go to war
with him, but if this country can prevail on diem to remain in
peace, they will do so. It has been thought that die two Imperial
courts have a plan of expelling die Turks from Europe. It is
really a pity, so charming a country should remain in the hands
of a people, whose religion forbids the admission of science and
the arts among them. We should wish success to the object
of the two empires, if they meant to leave the country in posses-
sion of die Creek inhabitants. We might then expert, once more,
Jo see the language of Homer and Demosthenes a living language.

«•

259

For I am persuaded llje modern Greek would easily get back to
its classical models. But this is not intended. They only pro-
pose to put the Greeks under other masters : to substitute one set
of barbarians for another.

Colonel Humphreys having satisfied you Uiat all attempts would
be fruitless here, to obtain money or other advantages for your
college, I need add nodiing on that head. It is a method of sup-
porting c olleges of which they have no idea, though they practice
it for the support of their lazy monkish institutions.

1 have the honor to be, with the highest resj)ect and esteem, Sir,
your most obedient and

most humble servant, _^

'. Th: Jeffersoij'.

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4 m

LETTER LXXIX.

TO JOHN ADAMS.

Puns, July 2rt, 178'.
Dear Sir,

Your favors of July the lOth and 18th, came to band the same
day on which 1 had received IJaron Thuloujcyer's enclosing the
ultimate draught for the treaty. As this draught, which was in
French, was to be copied into die two in^trunients which Dr.
Franklin had signed, it is finished tiiis day only. Mr. Short sets
out inmiediately. I have put into his hands a letter of instructions
how to conduct liimself, which 1 luwe signed, Iv'uving a space above
for your signature. Tiie two treaties I have signed at the left hand.
Dr. Franklin having informed me that the signatures are read back-
wards. Besides the instructions to Mr. Short, I signed also a letter
to Mr. Dumas, associating him with Mr. Short. These two letters
I made out as nearly conformably as 1 coultl, to your ideas ex-
pressed in your letter of the IBtb. If any thing more be neces-
sary, be so good as to make a separate instruction for them signed
by yourself, to wliich I will accede. I have not directed Mr.
Dumas's letter. I have heretofore directed to him as ' Agent for
the United States at the Hague,' that being the (lescri|)tion under
which the journals of (-ongress speak of him. In his last letter
to me, is a paragraph from whicii 1 conclude that tl»e address I
have used, is not agreeable, and p(!rhaps may be wrong. Will
you be so g(X)d as to address the letter to him, and to inform me
how to address him hereafter. Mr. Short carries also the other

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if

w

papers necessary. His equipment for his journey requiring ex«
penses which cannot come into the account of ordinary expenses,
such as clothes, iic. what allowance should be made him? I have
supposed somewhere between a guinea a day, and one thousand
dollars a year, which I believe is the salary of a private secretary.
This I mean as over and above his travelling expenses. Be so
good as to say, and I will give him an order on his return. The
danger of robbery, has induced me to furnish him with only mo-
ney enough to carry him to London. You will be so good as to
procure him enough to carry him to the Hague, and back to Paris.

The confederation of tlie King of Prussia with some members
of the Germanic body, for the preservation of tlieir constitution, is,
I think, beyond a doubt. The Emperor has certainly complained
of it in formal communications at several courts. By what can be
collected from diplomittic conversation here, I also conclude it
tolerably certain, that tli<; Elector of Hanover has been invited to
accede to the confederation, and has done, or is doing so. You
will have better circumstances however, on the spot, to form a just
judgment. Our matters with the first of tliese powers being now
in conclusion, I wish it was so with the Elector of Hanover. I
conclude, from the general expressions in your letter, that little
may be expected. Mr. Short furnishing so safe a conveyance
that the trouble of the cypher may be dispensed with, I will
thank you for such details of what has passed, as may not be too
troublesome to you.

The difficulties of getting books into Paris, delayed for some time
my receipt of the Corps diplomatique left by Dr. Franklin. Since
that, we have been engaged with expediting Mr. Short. A huge
packet also, brought by Mr. Mazzei, has added to the causes which
have as yet prevented me from examining Dr. Franklin's notes
on the Barbaiy treaty. It shall be one of my first occupations.
Still the possibility is too obvious that we may run connter to the
instructions of Congress, of which Mr. Lambe is said to be the
bearer. There is a great impatience in America for these treaties.
I am much distressed between this impatience and the known will
of Congress, on the one hand, and the uncertainty of the details
committed to this tardy servant.

" The Duke of Dorset sets out for London to-morrow. He says
he shall be absent two months. There is some wliisper that he
will not return, and that Lord Carmarthen wishes to come here. I
am sorry to lose so honest a man as the Duke. I take the liberty
to ask an answer about the insurance of Houdon's life.

Congress is not likely to adjourn this summer. They have
passed an ordinance for selling their lands. I have not received it.

261

What would you think of the enclosed draught to be proposed
to the courts of London and Versailles ? I would add Madrid and
Lisbon, but that they are still more desperate than the others. I
know it goes beyond our powers ; and beyond the powers of Con-
gress too ; but it is so evidently for the good of all the States, that I
should not be afraid to risk myself on it, if you are of the same
opinion. Consider it, if you please, and give me your thoughts on
it by Mr. Short : but I do not communicate it to him, nor any other
mortal living but yourself.

Be pleased to present me in the most friendly terms to the la-
dies, and believe me to be, with great esteem, . ^^^
Dear Sir, your friend and servant, ^

Th: Jefferson.

W

says
^t ho
I
Iberty

I liave
led it.

LETTER LXXX.

TO HOGENDORP.

Paris, July 90, 1785.
Dear Sir,

By an American gentleman who went to the Hague, about a
month ago, I sent you a copy of my Notes on Virginia. Having
since that received some copies of tne revisal of our laws, of which
you had desired one, I now send it to you. I congrali late you
sincerely on the prospect of your coimtry's being frvcJ from the
menace of war, which, however just, is always expensive and ca-
lamitous, and sometimes unsuccessful.

Congress having made a very considerable purchase of land
from the Indians, have established a land office, and settled tlie
mode of selling tiie lands. Their plan is judicious. I apprehend
some inconveniences in some parts of it, but if sucii should be
found to exist they will anjend them. They receive in payment
their ov;n certificates, at par with actual juoney. VVc have a proof,
the last year, that the failure of the States to bring money into the
treasury, has proceeded, not from any unwillingness, but from the
distresses of their situation. Heretofore, Massachusetts and Penn-
sylvania had brought in the most money, and Virginia was among
the least. The last year, Virginia has paid in more Uian all the
rest together. The reason is, that she is at liberty to avail herself
of her natural resources, and has free markets for them ; whereas
the others, which, while they were sure of a sale for their commo-
dities, brouglit n)ore into the treasury ; now, that that sale is, iiy
circumstances, rendered more precarious, they bring in but little.

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262

The impost is not yet granted. Rhode Island and New York hold
off. Congress have it in contemplation to propose to the Sia^vii,
lliat the dirtxiion of all their commerce shall be committed to Ccti-
gres£-, reijcrving to the States, respectively, the revenue \vhic*(> jiHiJ
be laid on it. The operations of our good friends, tlie Engiish,
are calculated as precisely to bring the States into this measure, as
if we directed them ourselvv^s, iinn as they were, through the whole
war, to j)roduco that union which was so necessary for us. 1 doubt
whether Congress A'ill adjourn this summer.

Should you be at the Hague, 1 will beg leave to make known
to you ihe bearer hereof, Mr. William Short. He is of Virginia,
has come to stay soine time with me at Paris, being among my
most particular friends. Though you2ig, his talents and merit are
such as to have placed him in the Council of State of Virginia ; an
oflice which he relinquished to make a visit to Europe.

1 have tlie honor to be, with very high esteem, Dear Sir,
your most obedient and

most humble servant,

Th: Jefferson.

I J

r

LETTKR LXXXI.
TO MESSRS. N. AND J. VAN 9TAPH0RST, Amstenhtn,

Paris, July 30, 1760.
Gentlemen,

I received yesterday your favor of the 25th. Supposing that
the funds which are the object of \oin" enquiry, are those wliich
constitute what we call our domesf^r iebt, it is my opinion that they
are absolutely secure; : I have no ■ rt at all but that they will be
paid, with dieir interest at six per ccnt. But F cannot say diat
they are as secure and solid as the funds which constitute our fo-
reign debt : because no man in America ever entertained a doubt
that our foreign debt is to be paid fully ; Itut some people in
America have seriously contended, that the certificates and other
evidences of our domestic debt, ought to be redeemed only at what
they have cost the holder ; for I must observe to you, that these
certificates of domestic debt, having as yet no provision for the
payment of principal or interest, and the original holders being
mostly needy, have been sold at a very great discount. When
I left America (July, 1784,) they sold, in different. States, at from
15s. to 2s. 6d. in the pouncl ; and any amount of them might then
have been purchas d. Hence some thought that fidl justice

J

the
<iebat
make
the

I

263

would be done, if llio public paid the purchasers of iliem '.vhut ihey
'.' lUuily paid for thcui, and inlerest on that. But thi- is very far
fioin being a general opinion; a very j?;re;u maj()r;t\ l)ring lirmly
decided that tliey shall hv. paid fulJy. Were I the ho(dor '^f any
of them, I should not have tlw; least fear of their full ))ayment.
There is also a dilierencu between different .species of ceriificates ;
some of them being receivable in taxes, oUiers having the benefit
of particular assurances, &tc. Again, some of these certificates are
for paper money debts. A deception here must be guarded
igainsi. Congress ordered all such to be re-settled by the depre-
ciation tables, and a new certificate to be given in exchange for
them, expressing their value in real money. But all have not yet
been re-settled. In short, this is a science in which few in America
are expert, and no person in a foreign country can be so. Fo-
reigners should therefore be sure that tiiey are well advised, before
they meddle with them, or they may suffer. If you will reflect
with what degree of success persons actually in America could
speculate in the European funds, which rise and fall daily, you may
judge how far ihose in Europe may do it in the American funds,
which arc more variable from a 'ariety of causes.

I am not at all ac(juainte(l with Mr. Daniel Parker, farther than
having once s-^en him in Philadelphia, lie is of INIassachusetts, I be-
lieve, and I am of Virginia. His circumstances are utterly unknown
to me. 1 think diere are few men in America, if there is a single
one, who coidd command a hundred thousand poinids' sterling
worth of these notes, at their real value. At their nominal amount,
this might be done perhaps with twenty-five tluMisand pounds ster-
ling, if the market j)rice of them be as low as when 1 left America.
1 am with very great respect. Gentlemen,

your most obedient humble servant,

Th: Jefferson.

1 ;

LETTER LXXXII,

TO JOHN ADAMS.

Paris, July 31, 1785
Dear Sir,

I was honored yesterday whh yours of the 24di instant. When
the first article of our instructions of May 7th, 1784, was under
debate in Congress, it was proposed that neither party should
make the other pay, in their ports, greater duti-^s, dmn diey paid in
the ports of the otlier. One objection to this was, its impracticabi-

■<^; :^W}:.

264

m ' i.

llty. ; another, that it would put it out of our power to lay such du-
ties on alien importation as might encourage importation by na-
tives. Some members, much attached to English policy, thought
such a distinction should actually be established. Some thought
tlie power to do it should be reserved, in case any peculiar cir-
cumstances should call for it, tliough under the present, or, perhaps,
any probable circumstances, they did not think it would be good
policy over to exercise it. The footing gentis amicissinue was
therefore adopted, as you see in tlie instruction. As far as my
enquiries onable me to judge, France and Holland make no dis-
tinction of duties between aliens and natives. I also ratlier be-
lieve that the other states of Europe make none, England excepted,
to whom this policy, as that of her navigation act, seems peculiar.
The question then is, should we disarm ourselves of the jxjwer to
make this distincion against all nations, in order to purchase an
exemption from the alien duties in England only ; for if we put her
importations on tlie footing of native, all oUier nations with whom
we treat will have a right to claim the same. I think we should,
because against other nations, who make no distinction in their
j)orts between us and their own subjects, we ought not to make a
distinction in ours. And if the English will agree, in like manner,
io make none, we should, witli equal reason, abandon the right as
against them, i think all the world would gain, by setting com-
merce at perfect liberty. I remember that when we were di-
gesting the general form of our treaty, this proposidon to put fo-
reigners and natives on the same footing, was considered : and we
were fvl] tinee, Dr. Franklin as weii as you and myself, in fa-
vor of it. We finally, however, did not admit it, partly from die
objection you mention, but more still on account of our instructions.
But though tlie English proclamation had appeared in America at
the time of framing t'u'se instructions, I diink its effect, as to
alien duties, haH not yet been experienced, and therefore was not
attended to. 'if it had been noted in the debate, I am sure
that the annihilation of oar whole trade, would have been thought
too great a price to pay for the reservadon of a barren power,
wliicli a majciity of the members did not propose ever to exercise,
though they were willing to retain it. Stipulating for equal rights to
forei:,!M rs anJ natives, we obtain more in foreign ports than our
instracuon-i rc(|uired, and we only part with, in lur own ports, a
power of which ?ound policy vvould probably forever forbid the
exercise. A^'d v> ♦his, that our treaty will be for a very short
term, and if any evil be experienced under it, a reformation will
soon bii in our power. I am, therefore, for putting tliis among
our original i»rono!Bilions to the court of London.

h

265

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If it sliould prove an insuperable obstacle with them, or if it
should stand in tlie way of a greater advantage, we can but aban-
don it in the course of the negotiation.

In my copy of the cyphtr, on the alphabetical side, numbers
are wanting Irom ' Denmark' to ' disc' inclusive, and from ' gone'
to * governor' inclusive. I supjwse them to have been omitted in
copying ; will you be so good as to send them to me from yours,
by the first safe conveyance.

With compliments to tiic ladies and to Colonel Smitli.
1 am. Dear Sir,

your friend and servant,

Tii: JErrERsoN.*

LETTER LXXXIII.

TO M. DE CASTRIES.

Sir,

Paris, August 3, 1785.

The enclosed copy of a letter from Captain John Paul Jones,
on the subject on which your Excellency did me the honor to
write me, on the day of July, will inform you that tliere is still
occasion to be troublesome to you. A Mr. Puchilberg, a merchant
of L'Orient, who seems to have kept himself unknown till money
was to be received, now presents powers to receive it, signed by
the American officers and crews : and this produces a hesitation
in tlie person to whom your order was directed. Congress how-
ever, having substituted Captain Jones, as agent, to solicit and re-
ceive this money, he having given them security to forward it,
when received, to tlieir treasury, to be thence distributed to the
claimants, and having at a considerable expense of time, trouble,
and money, attended it to a conclusion, are circumstances of
weight, against which Mr. Puchilberg seems to have nothing to
oppose, but a nomination by individuals of the crew, under which
he has declined to act, and permitted the business to be done by
another widiout contradiction from l»im. Against him, too, it is
urged that he fomented liie sedition which took place among them ;
Uiat he obtained this nomination from them while their minds were

m

II

[* The original of this letter was in cypher. But ounexod to tho copy in
cypher, iti tlio above literal copy by the Author]

VOL. I. 34

am

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1 1

under ferment ; nnd that he lias p;iven no siuciiriiy fur the faithful
payment of tlie money to those entitled to it.

I will add to these, one more circumstiinro which appears to
render it impssihle that he should execute this trust. It is now
several years since the rij^ht to this money arose. The persons
in whom it originally veste(l, were prohnhly iVouj din'erent States in
America. Many of them must he now dead ; and their rights
passed on to their representatives. Hut who are their representa-
tives? The laws of some States prefer one (iep;ree of relations,
those of others prefer anoilun*, there heinii; no uniformity among
the States on this point. Mr. I'uchilherg, therefore, should know
which of the parties are dead ; in what order the Inws of their
respective States call their relations to the succession ; and, in every
case, which of thost? orders are actually in existence, and entitled
to the share of the deceased. With the Atlanlic ocean hetwcu'u
the principals and their suhstitnle, your K\cellrncy will perceive
what an inexhaustihie soince of didiculiies, of chicanery, and de-
lay, this might furnish to a person who should lind an interest in
keeping this money, as long as possihie, in his own hands. Where-
as, if it he lodged in tlu; treasury of C'ongri'ss, they, hy an easy
reference to the tribuiiids of the diirerent Stati's, can have every
one's i)ortion immediately rendered to himself, if living; and if dead,
to such of his reflations as the laws of his particular State prefer,
and as shall be found acttially living. I the ratluir urge this course,
as 1 foresee that it will relieve your Excell(>ncy from numberless
appeals, which these i)eopl(' will continually be making from the
decisions of Mr. Puchilberg ; appeals likc^ly to j)erpetuate that
trouble of which you have already had loo much, and to which I
am ir»rry to be obliged to add, by asking a peremptory order for
the execution of what you were before pleased to decide, on this
subject.

1 have the honor to be, witn sentiments of the most perfect re-
spect, your Excellency's

most obedient and • '

most humble servant,

Th: JF.k'FEKSON.

•^z-

267

l.K'ITI'.n I. XXXIV.

TO (AI'TAIN JUIIN PAUL JONKS.

Sir,

Pari», Augunt 3, 1785.

I rect'ivod yesterday your favor of the 20tli, and liavc written
on the subject of it to tlio Mareclial de Castries tliis morning.
You sliall have an answer as soon as I rt eeive one. Will you be
so good as to uiak(! an en(|uiry into all the cirruuistances relative
to IVyrouse's expedition, uliicli st <'ni to ascertain liis destination.
Particularly what nuuihcr of men, ii.td of what conditions and vo-
cations, had he on hoard? What aniniils, their snecies and number?
What trees, plants or seeds? What utensils? What merchandise or
other necessaries? 'J'his en«|uiry should be madt^ with as little ap-
pearance of interest in it, as possible. Shoidd you not be able to
get satisfactory information without i:;oinij lo Hresl, and it be in-
convenient for you to go there, I will Innc the expenses, this shall
occasion you, paid. Counuit all the circumstances to writing, and
bring them when you come yourself, or send them by n safe hand.
1 am, with nuich respect. Sir,

your most obedient, humble servant,

Tii : Jefferson.

)|

LETTER LXXXV.

TO JOHN ADAMS.

Piiris, AugiiBt 6, ITSr*

"Dear Sir,

I now enclose you a draught of a treaty for the Harbary States,
together with the notes Dr. Franklin left me. 1 have retained a
press copy of this draught, so that by referring lo any article, line
and word, in it, you can propose aujeinlmtints, and send them by
the post, without any body's being able to make much of the main
subject. I shall be glad to receive any alterations yon may think
necessary, as soon as convenient, thai Uiis matter may be in readi-
ness. I enclose also a letter containing intelligence from Algiers.
1 know not how far it is lo be r«'lied on. IVIy anxiety is extreme
indeed, as to these treaties. We know ihat Congress have de-
cided ultimately to treat. We know how far they will go. But

!'rlsl

268

unfortunately wo know also, that a particular person lias boon
charged with instructions for us, these five months, who neither
comes nor writes to us. What are we to do? It is my opinion,
that if Mr. Lambe does not come in either of the packets (Kng-
Ijsh or French) now expected, we ought lo [)roceed. 1 therefore
propose to you this term, as the end of our expectations of him,
and Uiat if he does not come, we send some otiier person. Dr.
Bancroft or Captain Jfmes occurs to me as the fittest. If we con-
sider the present object only, I diink the former would be the most
proper : but if we look forward to the very probable; event of war
with those pirates, an important object would be obtained by Cap-
tain Jones' becoming acquainted with their ports, force, tactics,
&CC. Let me know your opinion on this. I have never mention-
ed it to either, but I suppose either might be induced to go. Pre-
sent me affectionately to the ladies and Colonel Smith, and be
assured of the sincerity with which I am.

Dear Sir, your friend and servant,.

Th: Jefferson.

LETTER LXXXVI.

TO DR. PRICE.

Sir,

Paris, August 7, 1785.

Your favor of July the 2nd came duly to hand. The concern
you tlierein express as to the effect of your pamphlet in America,
induces me to trouble you with some observations on that subject.

From my acquaintance with that country, I think I am able to
judge, with some degree of certainty, of the manner in which it will
have been received. Southward of the Chesapeake, it will find
but few readers concurring with it in sentiment, on the subject of
slavery. From the mouth to the head of the Chesapeake, the
bulk of the people will approve it in theory, and it will find a re-
spectable minority ready to adopt it in practice ; a minority, which
for weight and worth of character, preponderates against the greater
number, who have not the courage to divest their families of a
property, which, however, keeps their consciences unquiet. North-
ward of the Chesapeake, you may find, here and there, an oppo-
nent to your doctrine, as you may find, here and there, a robber
and murderer ; but in no greater number. In that part of Ame-
rica, there being but few slaves, they can easily disencumber

5200

themselves of tlicm ; nitd einnnciiHitioii is put into surh n train, that
in a IVw yenrs there will be no slaves northward of Maryland.
In Maryliiiid, I do not fnid such a disposition to ht't;in the redress
of this enormity, as in Virginia. This is the next State to which
we may turn our eyes for the interesting spectacle of justice, in
conflict with avarice and oppression : a conflict w herein die sacred
side is gaining daily recruits, from the influx into ofllce of young
men grown, and growing up. Thcsi- have sucked in the principles
of liberty, ns it were, with their modier's milk ; and it is to them I
look with anxiety to turn the fate of this question. He not there-
fore discouraged. What you have written will do a great deal of
good : and could you still trouble yourself with our welfare, no
man is more able to give aid to the laboring side. Tiie Col-
lege of William Jii: Mary, in Williamsburg, since the rc-modclling of
its plan, is the place whore are collected together all the young
men of Virginia, under preparation lor public life. They are there
under the direction (most of them) ol a Mv. Wythe, one of the
most virtuous of characters, and who'-e sentiments on the subject
of slavery arc unequivocal. I am satisfied, if you could resolve to
address an exhortation to Uiosc young men, with all that eloquence
of which you are master, that its influence on the futiu'e decision
of this important question would be great, perhaps decisive. Thus
you sec, that, so far from thinking you have cause to repent of
what you liave done, I wish you to do more, and wish it, on an as-
surance of its cfTect. The information 1 have received from Ame-
rica, of the reception of your pamphlet in the different States,
agrees wiUi the expectations 1 had formed.

Our country is getting into a ferment against yours, or rather
has cnught it from yours. God knows how this will end ; but
assuredly in one; extreme or the odier. There can be no medium
between those who have loved so much. I diink the decision is
in your power as yet, but will not be so long.

I pray you to be assured of the sincerity of the esteem and re-
spect, with which 1 have the honor to be, Sir,

your most obedient

humble servant,

Th: .Jkfff.rson.

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270

LETTER LXXXVII.

TO JOHN ADAMS.

Paris, August 10, 1785.

Dear Sir,

Your favor of the 4th instant, came to hand yesterday, i now
enclose you the two Arrets against the importation of foreign ma-
nufactures into this kingdom. The cause of the balance against
this country, in favor of England, as well as its amount, is not
agreed on. No doubt, tlie rage for English manufactures must be
a principal cause. The speculators in exchange, say also, that
those of the circumjacent countries who have a balance in their fa-
vor, against France, remit that balance to England from France.
If so, it is possible that the English may count this balance twice :
that is, in summing their exports to one of these States, and their
imports from it, they count tlie difference once in their favor; then,
a second time, when they sum tlie remittances of cash they receive
from France. There has been no Arret relative to our commerce,
since that of August, 1784. And all the late advices from the
French West Indies, are, that they hav( now in their ports, always
three times as many vessels as tliere ever were before, and that
the increase is principally from our States. I have now no further
fears of that ArreVs standing its ground. When it shall become
firm, I do not think its extension desperate. But whether the
placing it on the firm basis of treaty be practicable, is a very diffe-
rent question. As far as it is possible to judge from appeaiances,
I conjecture that Crawford will do nothing. I infer this from some
things in his conversation, and from an expression of the Count de
Vergennes, in a conversation with me yesterday. I pressed upon
him the importance of opening their ports freely to us, in the mo-
ment of tlie oppressions of the English regulations against us, and
perhaps, of the suspension of ilieir commerce. He admited it ; but
said we had free ingress with our productions. I enumerated them
to him, and shewed him on what footing they were, and how they
might be improved. We are to have furtlier conversations on the
subject. I am afraid the voyage to Fontainebleau will interrupt
them. From the inquiries I have made, I find I cannot get a very
small and indifferent house there, for the season, (that is, for a
month) for less than one hundred or one hundred and fifty guineas.
This is nearly the whole salary for the time, and would leave no-
thing to eat. I tlierefore cannot accompany the court thither, but
I will endeavor to go there occasionally from Paris. They tell

271

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[ now

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igainst

is not

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leir fa-

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twice :

id their

:; then,

receive

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, always

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become

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•y diffe-
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ount de

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US, and
it ; but
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!t a very
[is, for a
guineas,
lave no-
rther, but
hey tell

me it is the most favorable scene for business with tlie Count de
Vergennes, because he is then more abstracted from the domestic
applications. Count d'Aranda is not yet returned from the waters
of Vichy. As soon as he reiurrs, I will apply to him in the case
of Mr. Watson. I will pray you to insure Houdon's life from the
27th of last month till his return to Paris. As he was to stay in
America a month or tvvo, he will probably be about six months
absent: but the three per cent, for the voyage being once paid, I
suppose they will insure his life by the month, whether his absence
be longer or shorter. The sum to be insured is fifteen thousand
livres tournois. If it be not necessary to pay the money immedi-
ately, there is a prospect of exchange becoming more favorable.
But whenever it is nece-sary, be so good as to procure it by sell-
ing a draft on Mr. Grand, which I will take care shall be honored.
With compliments to the ladies,

I am, Dear Sir, your friend and servant,

Th : Jefferson.

LETTER LXXXVIII.

TO MRS. SPROWLE.

• . ' Paris, August 10, 1785.

Madam,

In your letter of June the 21st, you asked my opinion whether
yourself or your son, might venture to go to Virginia, to claim your
possessions there ? I had the honor of writing you, on the 5th of July,
that you might safely go there ; that your person would be sacredly
safe, and free from insult. I expressed my hopes, too, that tlie As-
sembly of Virginia would, in the end, adopt the just and useful
measure of restoring property unsold, and tlie price of that actually
sold. In your's of July the 30th, you ' entreat my influence with
the Assembly for retribution, and that if I think your personal pre-
sence in Virginia would facilitate that end, you were willing and
ready to go.' This seems to propose to me to take on myself the
solicitation of your cause, and that you will go, if I think your per-
sonal presence will be auxiliary to my applications. I feel my-
self obliged to inform you, frankly, that it is improper for me to so-
licit your case with the Assembly of Virginia. The application
can only go with propriety from yourself, or the minister of your
court to America, whenever there shall be one. If you think the
sentiments expressed in my former letter will serve you, you are
free to exhibit it to members individually ; but I wish the letter not

"

i

I

I

i:

B

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272

to be offered to the Assembly as a body, or referred to in any pe-
tition or memorial to them.

I am, widi much respect, Madam,

your most obedient humble servant,

Th: Jefferson.

LETTER LXXXIX.

TO CAPTAIN JOHN PAUL JONES.

Sir,

Paris, August 13, 1785;^.-

Supposing you may be anxious to hear from hence, though
there should be nothing interesting to communicate, I write by Mr.
Cdirnes merely to inform you, that I have, as yet, received no
answer from the Marechal de Castries. I am in daily expectation
of one. Should it not be received soon, I shall urge it again,
which I wish to avoid however, if possible ; because I think it bet-
ter to await with patience a favorable decision, than, by becom-
ing importunate, to produce unfavorable dispositions, and perhaps
a final determination of the same complexion. Should my occu-
pations prevent my writing awhile, be assured that it will only be
as long as I have nothing to communicate, and that as soon as I
receive any answer, it shall be forwarded to you.
I am, with much esteem. Sir,

your most obedient humble servant,

Th: Jefferson. ^

- ' LETTER XC.

TO MESSRS. BUCHANAN AND HAY.

Paris, August 13, 1785.

Gentlemen,

Your favor of March the 20tli, came to hand the 14th of June,
and the next day I wrote to you, acknowledging the receipt, and
apprising you, tliat between that date and the 1st of August, it would
be impossible to procure, and get to your hands tke draughts you
desired. I did hope, indeed, to have had them prepared before
this, but it will yet be some time before they will be in readiness.
I flatter myself, however, they will give you satislaction when you

i^

»*.

273 ^

receive them, and that you will think the object will not have lost
by the delay. It was a considerable time before I could find an
architect, whose taste had been formed on a study of the antient
models of this art : the style of architecture in this Capital, being
far from chaste. I at length heard of one, to whom I immedi-
ately addressed myself, and who perfectly fulfills my wishes. He
has studied twenty years in Rome, and has given proofs of his skill
and taste, by a publication of some antiquities of this country.
You intimate that you should be willing to have a workman sent
to you, to superintend the execution of this work. Were I to send
one on this errand, from hence, he would consider himself as the
superintendant of the Directors themselves, and probably, of the
government of the State also. I will give you my ideas on this
subject. The columns of the building, and the external archi-
traves of the doors and windows, should be of stone. Whether
these are made here, or diere, you will need one good stone-cutter,
and one will be enough ; because, under his direction, negroes who
never saw a tool, will be able to prepare the work for him to finish.
I will therefore send you such a one, in time to begin work in the
spring. All tlie internal cornices, and other ornaments not ex-
posed to the weather, will be much handsomer, cheaper, and more
durable in plaister than in wood. I will therefore employ a good
workman in this way, and send him to you. But he will have no
employment till the house is covered ; of course, he need not be
sent till next summer. I will take him on wages so long before-
hand, as that he may draw all the ornaments in detail, under the
eye of the architect, which he will have to execute when he comes
to you. It will be the cheapest way of getting them drawn, and
the most certain of putting him in possession of his precise duty.
Pldister will not answer for your external cornice, and stone will
be too dear. You will probably find yourselves obliged to be
contented with wood. For this, therefore, and for your window
sashes, doors, frames, wainscoting, &;c. you will need a capital
i^ouse-joiner ; and a capital one he ought to be, capable of directing
all the circumstances in the construction of the walls, which the
execution of the plan will require. Such a workman cannot be
got here. Nothing can be worse done than the house-joinery of
Paris. Besides that his speaking the language perfectly would be
essential, I tliink this character must be got from England. There
are no workmen in wood, in Europe, comparable to those of Eng-
land. I submit to you, therefore, the following proposition : to
wit, I will get a correspondent in England to engage a workman
of this kind. I will direct him to come here, which will cost five
We will make proof of his execution. He shall also
VOL. I. 35

i:

.

guineas.

^74

make, under the eye of the architect, all the drawings for
the building, which he is to execute himself: and, if we find him
sober and capable, he shall be forwarded to you. I expect, that
in the article "of the drawings, and the cheapness of passage from
France, you will save the expense of his coming here. But as
to this workman, I shall do nothing unless I receive your com-
mands. With respect to your stone work, it may be got much
cheaper here than in England. The stone of Paris is very
white and beautiful ; but it always remains soft, and suffers from
the weather. The cliffs of the Seine, from hence to Havre, are
all of stone. I am not yet informed whether it is all liable io the
same objections. At Lyons, and all along the Rhone, is a stone
as beautiful as that of Paris, soft when it comes out of the quarry,
but very soon becoming hard in the open air, and very durable.
I doubt, however, whether the commerce between Virginia and
Marseilles would afford opportunities of conveyance sufficient. It
remains to be inquired, what addition to the original cost would be
made by the short land carriage from Lyons to the Loire, and
the water transportation down that to Bourdeaux ; and also, whether
a stone of the same quality may not be found on the Loire. In
this, and all other matters relative to your charge, you may com-
mand my services freely.

Having heard high commendations of a plan of a prison, drawn
by an architect at Lyons, I sent there for it. The architect fur-
nished me with it. It is certainly the best plan I ever saw. It
unites in the most perfect manner, the objects of security and
health, and has, moreover, the advantage, valuable to us, of being
capable of being adjusted to any number of prisoners, small or
great, and admitting an execution from time to time, as it may be
convenient. The plan is under preparation as for forty prisoners.
Will you have any occasion for slate ? It may be got very good
and ready prepared at Havre ; and a workman or more, might be
sent on easy terms. Perhaps the quariy at Tuckahoe would
leave you no other want than that of a workman.

I shall be glad to receive your sentiments on the several mat-
ters herein mentioned, that I may know how far you approve of
them, as I shall with pleasure pursue strictly whatever you de-
sire. I have the honor to be, with great respect and esteem.
Gentlemen, - ,

,,. your most obedient and . " ,

. , ., ' most humble servant,

Th: Jefferson.

ii75

;s for
d him *
I, that
5 from
But as

com-

much
s very
s from
re, are
! to the
a stone
quarry,
lurable.
iia and
3nt. It
ould be
re, and
whether
ire. In
ay com-

1, drawn
tect fur-
law. It
irity and
if being
small or
may be
(risoners.
iry good
light be
|e would

jral mat-
|)prove of
you de-
esteem.

ISON.

LETTER XCI.

TO JOHN JAY.

Sir,

Paris, August 14, \78'y

I was honored, on the 22nd ultimo, with the receipt of your let-
ter of June tlie 15th ; and delivered the letter therein enclosed,
from the President of Congress to the King. I took an opportu-
nity of asking the Count de Vergennes, whether the Chevalier
Luzerne proposed to return to America ? He answered me that
he did ; and that he was here, for a time only, to arrange his pri-
vate affairs. Of course, this stopped my proceeding further, in
compliance with the hint in your letter. I knew that the Cheva-
lier Luzerne still retained the character of minister to Congress,
which occasioned my premising the question I did. But, not-
withstanding the answer, which indeed was the only one the Count
de Vergennes could give me, I believe it is not expected
that the Chevalier will return to America : that he is waiting an
appointment here, to some of their embassies, or some other pro-
motion, and in the mean time, as a favor, is permitted to retain
his former character. Knowing the esteem borne him in America,
I did not suppose it would be wished, that I should add any thing
which might occasion an injury to him ; and the ratlier, as 1 pre-
sumed that at this time, there did not exist the same reason for
wishing tlie arrival of a minister in America, which, perhaps, ex-
isted there at the date of your letter. Count Adhemar is just
arrived from London, on account of a paralytic disease with which
he has been struck. It does not seem improbable, that his place
will be supplied, and perhaps by the Chevalier de la Luzerne.

A French vessel has lately refused the salute to a British armed
vessel in the channel. The charge des affaires of Great Britain,
at this court, (their ambassador having gone to London a few days
ago,) made this the subject of a conference with the Count de
Vergennes, on Tuesday last. He told me that the Count ex-
plained the transaction, as the act of the individual master of the
French vessel, not founded in any public orders. His earnest-
ness, and his endeavors to find terms sufficiently soft to express
the Count's explanation, had no tendency to lessen any doubts I
might have entertained on this subject. I think it possible the re-
fusal may have been by order : nor can I believe that Great Bri-
tain is in a condition to resent it, if it was so. In this case, we
shall see it repeated by France ; and her example will then be

t

27G

«

soon followed by other nations. The news writers bring together
this circumstance, with the departure of the French ambassador
from London, and the English ambassador from Paris, the ma-
neuvring of a French fleet just off the channel, the collecting
some English vessels of war m the channel, the failure of a com-
mercial treaty between the two countries, and a severe Arret here
against English manulactures, as foreboding war. It is possible
that the fleet of nianeuvre, the refusal of tlie salute, and the Eng-
lish fleet of observation, may have a connection with one another.
But I am persuaded the other facts are totally independent of
these, and of one another, and are accidentally brought togeth.er in
point of time. Neidier nation is in a condition to go to war :
Great Britain, indeed, the least so of the two. The latter power,
or rather its monarch, as Elector of Hanover, has lately confeder
rated with the King of Prussia and others of the Germanic body,
evidently in opposition to the Emperor's designs on Bavaria. An
alliance, too, between the Empress of Russia and die republic of
Venice, seems to have had him in view, as he had meditated
some exchange of territory widi that republic. This desertion of
the powers heretofore thought fiiendly to him, seems to leave no
issue for his ainbition, but on the side of Turkey. His demarka-
tion with that countiy is still unsetUed. His difference with the
Dutch is certainly agreed. The articles are not yet made public;
perhaps not quite adjusted. Upon the whole, we may count on an-
other year's peace in Europe, and that our friends will not, within
that time, be brought into any embarrassments, which might en-
courage Great Britain to be difficult m settling the points still un-
settled between us.

You have, doubdess, seen in the papers, that this court was
sending two vessels into the south sea, under the conduct of a
Captain Peyrouse. They give out, that the object is merely for
the improvement of our knowledge of the geography of that part
of the globe. And certain it is, that they carry men of eminence
in different branches of science. Their loading, however, as de-
tailed in conversations, and some other circumstances, appeared
to me to indicate some o.her design : perhaps that of colonising on
the western coast of America ; or, it may be, only to establish one
or more factories there, for the fur trade. Perhaps we may be
little interested in either of these objects. But we are interested
in another, that is, to know whether they are perfectly weaned
from the desire of possessing continental colonies in America.
Events might arise, which would render it very desirable for Con-
gress to be satisfied they have no such wish. If they would desire
a colony on the western side of America, I should not be quite

t-'

V*

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277

satisfied tliat they would refuse one wliicli should offer itself on
the eastern side. Captain Paul Jones being at L'Orient, widiin a
day's journey of Brest, where Captain Peyrouse's vessels lay, I
desired hhn, if he could not satisfy himself at L'Orient of the na-
ture of this equipment, to go to Brest for that |)urposc : conduct-
ing himself, so as to excite no suspicion that we attended^ at all to
this expediuon. His discretion can be relied on, and his expenses
for so short a journey, will be a trifling price for satisfaction on
this point. I hope, therefore, that my undertaking that the ex-
penses of his journey shall be reimbursed him, will not be disap-
proved.

A gentleman, lately arrived from New York, tells mo, he thinks
it will be satisfactory to Congress, to be informed of the effect
produced here by the insult of Longchamps on Monsieur de Mar-
bois. Soon after my arrival in France last summer, it was the
matter of a conversation between tlie Count de Vergennes and
myself. I explained to him the effect of the judgment against
Longchamps. He did not say that it was satisfactory, but neidier
did he say a word from which I could collect that it was not so.
The conversation was not official, because foreign to the character
in which I then was. He has never mentioned a word on the
subject to me since, and it was not for me to introduce it at any
time. I have never once heard it mentioned in conversation, by
any person of this country, and have no reason to suppose that
there remains any uneasiness on the subject. I have indeed been
told, that they had sent orders to make a formal demand of Long-
champs from Congress, and had immediately countermanded these
orders. You know whether this be true. If it be, I should sus-
pect the first orders to have been surprised from them by some
exaggeration, and that the latter was a correction of their error, in
die moment of further reflection. Upon the whole, there certain-
ly appears to me no reason to urge the State, in which the fact
happened, to any violation of their laws, nor to set a precedent,
which might hereafter be used in cases more interesting to us
than the late one.

In a late conversation with the Count de Vergennes, he asked
me if the condition of our finances was improving. He did not
make an application of tlie question to the arrearages of their inte-
rest, though perhaps, he meant that I should apply it. I told him
the impost still found obstacles, and explained to him the effects
which I hoped from our land office. Your letter of the 15th of
April, did not come to hand till the 27th ultimo. I enclose a letter
from Mr. Dumas to the President of Congress, and accompany

*•

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the present with the Leyden Gazette and Gazette of France,
from the dale last sent you to the present time.
I have the honor to be, with high esteem, Sir,
your most obedient

and most humble servant,
, Th: Jefferson.

iL LETTER XCII.

• i ' TO THE COUNT DE VERGENNES. ^ *.* .

'• , . Paris, August ir>, 178o.

Sir,

In the conversation which I had the honor of having with your
Excellency, a few days ago, on the importance of placing, at this
time, the commerce between France and America on tJie best foot-
ing possible, among other objects of this commerce, that of tobacco
was mentioned, as susceptible of greater encouragement and ad-
vantage to the two nations. Always distrusting what I say in a
language I speak so imperfectly, I will beg your permission to state,
in English, the substance of what I had then the honor to observe,
adding some more particular details for your consideration.

I find the consumption of tobacco in France, estimated at from
fifteen to thirty millions of pounds. The most probable estimate,
however, places it at twenty-four millions.

This costing eight sous the pound, delivered in

a port of France, amounts to 9,600,000 livres.

Allow six sous a pound, as the average cost of. the

different manufactures 7,200,000

The revenue which the King derives from this, is .

somediing less than 30,000,000

Which would make the cost of the whole 46,800,000

But it is sold to the consumers at an average of

three livres the pound 72,000,000 '-,.

There remain then for the expenses of collection 25,200,000 livres

This is within a sixth as much as the King receives, and so gives
nearly one half for collecting the other. It would be presumption
in me, a stranger, to suppose my numbers perfectly accurate. I
have taken tliem from the best and most disinterested authorities

■m

/ 1

>'f**^

279

livres.

livres

gives
imption
kte. I
lorities

I could find. Your Excellency will know how far they arc wrong ;
and should you find them considerably wrong, yet I uni prrsnaded
yr-«. will find, after strictly correcting tliein, that the collection of
this branch of the revenue still absoilts too much.

My apology for making these remarks, will, I hope, be found in
my wishes to improve the commerce between the two nations, and
the interest which my own country will derive from this improve-
ment. The monopoly of the purchase of tobacco in France, dis-
courages both the French and American merchant from bringing
it here, and from taking in exchange the manufactures and pro-
ductions of France. It is contraiy to the spirit of trade, and to the
dispositions of merchants, to carry a commodity to any market
where but one person is allowed to buy it, and where, of course,
that person fixes its price, which the seller must receive, or re-
export his commodity, at the loss of his voyage thither. Experience
accordingly shews, that tliey carry it to other markets, and that
they take in exchange the merchandise of the place whert; they
deliver it. I am misinformed, if France has not been furnished
from a neighboring nation with considerable quantities of tobacco,
since the peace, and been obliged to pay tliere in coin, what might
have been paid here in manufactures, had the French and Ame-
rican merchants brought the tobacco originally here. I suppose,
too, that the purchases made by the Farmers General, in America,
are paid for chiefly in coin, which coin is also remitted directly
hence to England, and makes an important part of the balance
supposed to be in favor of that nation against this. Should the
Farmers General, by themselves, or by the company to whom they
may commit the procuring these tobaccos from America, require,
for the satisfaction of government on this head, the exportation of
a proportion of merchandise in exchange for them, it would be an
unpromising expedient. It would only commit the exports, as well
as imports, between France and America, to a monopoly, which,
being secure against rivals in the sale of the merchandise of France,
would not be likely to sell at such moderate prices as might en-
courage its consumption there, and enable it to bear a competition
with similar articles from other countries. I am persuaded this ex-
portation of coin may be prevented, and that of commodities ef-
fected, by leaving both operations to the French and American
merchants, instead of the Farmers General. They will import a
sufficient quanuty of tobacco, if they are allowed a perfect freedom
in the sale ; and they will receive in payment, wines, oils, brandies,
and manufactures, instead of coin ; forcing each other, by their
competition, to bring tobaccos of the best quality ; to give to the
French manufacturer the fiill worth of his merchandise ; and to sell

' 'i;3

9 2^0 n^

to llic American consumer nt the lowest price they can aflbrd ;
thus encouraging him to use, in preference, the merchandise of
this coinjlry.

It is not necessary that this exchange sjjouhl be favored hy any
loss of revenue to the King. 1 do not mean to urg<! any thing
which shall injure either his Majesty or his people. On the con-
trary, the measure 1 have the honor of proposing, will increase his
revenue, while it places both the seller and buyer on a better foot-
ing. It is not for me to say, whnt system of collection may be best
adajUed to the organization of this government ; nor, whether any
uselid hints may be taken from the practice of that country, which
has heretofore been die principal entrepot for this commodity.
Their system is simple and little expensive. The importer, there,
pays the whole duty to the King : and as this woidd be inconve-
nient for him to do, bc^fore he has sold his tobacco, he is permitted,
on arrival, to deposite it in the King's warehouse, under the locks
of the King's oflicer. As soon as he has sold it, he goes vvidi the
purchaser to the warehouse, the money is there divided between
the King and him, to each his proportion, and the purchaser takes
out the tobacco. The payment of the King's duty is thus ensured
in ready money. What is the expense of its collection, I cannot
say ; but it certainly need not exceed six livres a hogshead of one
thousand pounds. That government levies a higher duty on to-
bacco than is levied here. Yet so tempting and so valuable is the
perfect liberty of sale, that tlie merchant carries it there, and finds
his account in doing so.

If, by a simplification of the collection of the King's duty on to-
bacco, the cost of that collection can be reduced even to five per
cent., or a million and a half, instead of twenty-five millions ; the
price to the consumer will be reduced from three to two livres the
pound. For thus 1 calculate.

The cost, manufacture and revenue, on twenty- • , •
four million pounds of tobacco being (as be-
fore stated) 40,800,000 livres.

Five per cent, on thirty millions of livres, expen-
ses of collection 1,500,000

Give what the consumers would pay, being

about two livres a pound 48,300,0^)0

But they pay at present three livres a pound 72,000,000 •

The difference is .....23,700,000

The price being thus reduced one third, would be brought with-
in the reach of a new and numerous circle of the people, who can-
not, at present, afford, themselves this luxiuy. The consumption,

USl

then, would probubiy increasf, and pcilinps in tiie sanu; if not a
greater proportion, witli llu? reduction ol" the price; that is to say,
from twenty-four to tjjirty-six ii.I'lions of pounds: and the King,
continuing to receive twenty-five sous on the |)oun(i, as at presen^
would receive forty-five instead oi thirty niillions of livres, while
his subjects would pay but two livres for an object which has here-
tofore cost them three. Or if, in event, the consumption were not
to be increased, he would levy only forty-eight millions on his peo-
ple, where seventy-two millions are now levied, and would leave
twenty-four millions in their pockets, either to remain there, or to
be levied in some other form, should die state of revenue require
it. It will enable his subjects, also, to dispose of between nine and
ten millions worth of their produce and manufactures, instead of
sending nearly that sum annually, in coin, to enrich a neighboring
nation.

I have heard two objections made to the suppression of this
monopoly. 1. That it might increase the importation of tobacco
in contraband. 2. That it would lessen die abilities of the Farm-
ers General, to make occasional loans of moneyto the public trea-
sury. These objections will surely be better answered by those
who are better acquainted than I am, with the details and circum-
stances of the country. With respect to the first, however, I may
observe, that contraband does not increase on lessening the tempta-
tions to it. It is now encouraged, by those who engage in it being
able to sell for sixty sous what cost but fourteen, leaving a gain of
forty-six sous. When the price shall be reduced from sixty to forty
sous, the gain will be but twenty-six, that is to say, a little more
than one half of what it is at present. It does not seem a natural con-
sequence, Uien, that contraband should be increased, by reducing
its gain nearly one half. As to the second objection, if we sup-
pose (for elucidation and without presuming to fix) the proportion
of the farm on tobacco, at one eighth of the whole mass farmed,
the abilities of the Farmers General to lend, will be reduced one
eighdi, that is, they can hereafter lend only seven millions, where
heretofore they have lent eight. It is to be considered, then,
whether this eighth (or other proportion, \\hatever it be) is worth
the annual sacrifice of twenty-four millions, or if a much smaller
sacrifice to other monied men, will not produce the same loans of
money in the ordinary way. •

While the advantages of an increase of revenue to the crown,
a diminution of impost on the people, and a payment in merchan-
dise, instead of money, are conjectured as likely to result to France
from a suppression of the monopoly on tobacco, we have also reason
to hope some advantages on our part ; and this hope alone, could
VOL. I. 36

282

justify my entering into the present details. I do not expect this
advantage will be by an augmentation of price. The other mar-
kets of Europe have too much influence on this article, to admit
any sensible augmentation of price to take place. But the ad-
vantage I principally expect, is an increase of consumption. This
will give us a vent for so much more, and, of consequence, find
employment for so many more cultivators of the earth: and in
whatever proportion it increases this production for us, in the
same proportion will it procure additional vent for the merchandise
of France, and employment for the hands which produce it. I
expect too, that by bringing our merchants here, they would pro-
cure a number of commodities in exchange, better in kind, and
cheaper in price. It is with sincerity I add, that warm feelings
aie indulged in my breast by the further hope, that it would bind
the two nations still closer in friendship, by binding them in interest.
In truth, no two countries are better calculated for the exchanges
of commerce. France wants rice, tobacco, potash, furs, and ship
timber. We want wines, brandies, oils, and manufactures. There
is an affection too, between the two people, which disposes them
to favor one another. If they do not come together, then, to
make the exchange in their own ports, it shews there is some
substantial obstruction in the way. We have had the benefit of
too many proofs of his Majesty's friendly disposition towards the
United States, and know too well his affectionate care of his
own subjects, to doubt his willingness to remove tliese obstructions,
if they can be unequivocally pointed out. It is for his wisdom to
decide, whether the monopoly, which is the subject of this letter,
be deservedly classed with the principal of these. It is a great
comfort to rue too, that in presenting this to the mind of his Ma-
jesty, your Excellency will correct my ideas where an insufiScient
knowledge of facts may have led me into error; and that while
the interests of the King and of hi people are the first object of
your attention, an additional one will be presented by those dispo-
sitions towards us, which have heretofore so often befriended our
nation.

I avail myself of this occasion to tepeat the assurance of that
high respect and esteem, with which I have the honor to be,

your Excellency's
• . most obedient and . ' ' -

'' most humble servant, "

Th: Jefferson.

4.

283

LETTER XCIII.

TO CAPTAIN JOHN PAUL JONES.

Sir,

Paris, August 17, 1785.

Mine of the loth, informed you that I had written to the M. de
Castries on the subject of Puchilberg's interference. Yesterday
I received his answer dated the 1 2th. In that, he says that he is in-
formed by the Ordonneteur, that he has not been able to get an au-
thentic roll of the crew of the Alliance, and that, in the probable case
of there having been some French subjects among them, it will be
just that you should give security to repay their portions. I wrote
to him this morning, that as you have obliged yourself to transmit
the money to the treasury of the United States, it does not seem
just to require you to be answerable for money which will be no
longer within your power ; that the repayment of such pordons
will be incumbent on Congress ; that I will immediately solicit their
orders to have all such claims paid by their banker here ; and that
should any be presented before I receive their orders, I will un-
dertake to direct the banker of the United States to pay them,
that there may be no delay. I trust tliat this will remove the
difficulty, and that it is the last which will be offered. The ulti-
mate answer shall be communicated the moment I receive it.
Having pledged myself for the claims which may be offered, be-
fore I receive the orders of Congress, it is necessary to arm my-
self with the proper checks. Can you give me a roll of the crew,
pointing out the French subjects? If not, can you recollect per-
sonally the French subjects, and name them to me, and the sums
they are entitled to ? If there were none such, yet the roll will be
material, because I have no doubt that Puchilberg will excite
claims upon me, either true or false. .. . ,

,1 am, with much respect. Sir,
, your most obedient humble servant,

Th: Jefferson.

(IT

■ill

^'l-^i-

284

LBTTBR XCIV.

TO WILLIAM CARMICHAEL.

^' , Paris, August 18, 1785. .

Dear Sir,

My last to you was of June the 22nd, with a postscript of July
the 14th. Yours of June the 27th, came to hand the 23rd of
July, and tliat of July the 28th, came to hand the 10th instant. The
papers enclosed in the last shall be communicated to Mr. Adams.
1 see with extreme satisfaction and gratitude, the friendly interposi-
tion of the court of Spain with the Emperor of Moro« co, on the
subject of the brig Betsy, and I am persuaded it will produce the
happiest effects in America. Those who are entrusted with the
public affairs tliere, are sufficiently sensible how esseniially it is for
our interest to cultivate peace with Spain, and they will be pleased
to see a corresponding disposition in diat court. The late good
office of emancipating a number of our countrymen from slavery,
is peculiarly calculated to produce a s nsation among our people,
and to dispose them to relish and adopt the pacific and friendly
views of their leaders, towards Spain. We hear nothing yet of
Mr. Lambe. I have therefore lately proposed to Mr. Adams,
that if he does not come in the French or English packet of this
month, we will wait no longer. If he accedes to the proposition,
you will be sure of hearing of, and perhaps of seeing some agent
proceeding on that business. The immense sum said to have
been proposed, on the part of Spain, to Algiers, leaves us little
hope of satisfying their avarice. It may happen then, that the in-
terests of Spain and America may call for a concert of proceedings
against that Slate. The dispositions of the Emperor of Morocco,
give us better hopes there. May not the affairs of the Musquito
coast, and our western ports, produce another instance of a com-
mon interest? Indeed, I meet tliis correspondence of interest in
so many quarters, that I look with anxiety to tlie issue of Mr.
Gardoqui's mission ; hoping it will be a removal of the only diffi-
culty at present subsisting between tlie two nations, or which is
likely to arise.

Congress are not likely to adjourn this summer. They have
purchased the Indian right of soil to about fifty millions of acres
of land, between tli Ohio and lakes, and expected to make an-
other purchase of an equal quantity. They have, in consequence,
passed an ordinance for disposing of their lands, and I think a
very judicious one. They propose to sell them at auction, for not

If]

285

» . ' ^ ^ .

less than a dollar an acre, receiving iheir own certificates of debt
as money. 1 am of opinion all the certificates of our domestic
debt will immediately be exchanged for land. Our foreign debt,
in that case, will soon be discharged. New York and Rhode Is-
land still refuse the impost. A general disposition is taking place
to commit the whole management of our commerce to Congress.
This has been much promoted by the interested policy of Eng-
land, which, it was apparent, could not be counter-worked by the
States separately. In the mean time, the other great towns are
acceding to the proceedings of Boston for annihilating, in a great
measure, their commercial connections witli Great Britain. I will
send the cypher by a gentleman who goes from here to Madrid about
a montli hence. It shall be a copy of the one I gave Mr. Adams.
The letter of Don Gomez, has been delivered at the hotel of the
Portuguese ambassador, who is, however, in the country.
I am with much respect. Dear Sir,
' • , your most obedient humble servant, •

. Th : Jefferson.

LETTER XCV.

TO PETER CARR.

Paris, August 19, 1785.
Dear Peter,

I received, by Mr. Mazzei, your letter of April the 20tli. I am
much mortified to hear that you have lost so much time ; and that
when you arrived in Williamsburg, you were not at all advanced
from what you were wlien you left Monticello. Time now begins
to be precious to you. Every day you lose, will retard a day your
entrance on that public stage whereon you may begin to be useful
to yourself. However, the way to repair the loss is to improve
the future time. I trust, that vvitli your dispositions, even the ac-
quisition of science is a pleasing employment. I can assure you,
that the possession of it is, what (next to an honest heart) will above
all things render you dear to your friends, and give you fame and
promotion in your own country. When your mind shall be well
improved ^yith science, nothing will be necessary to place you in
the highest points of view, but to pursue the uiterests of your
country, the interests of your friends, and your own interests also,
with the purest integrity, the most chaste honor. The defect of
these virtues can never be made up by all the other acquirements
of body and mind. Make tliese tlien your first object. Give up

286

money, give up fame, give up science, give the earth itself and all
it contains, rather than do an immoral act. And never suppose,
that in any possible situation, or under any circumstances, it is best
for you to do a dishonorable thing, however slightly so it may ap-
pear to you. Whenever you are to do a thing, though it can never
be known but to yourself, ask yourself how you would act were
all the world looking at you, and act accordingly. Encourage all
your virtuous dispositions, and exercise them whenever an oppor-
tunity arises ; being assured that they will gain strength by exercise,
as a limb of the body does, and that exercise will make them ha-
bitual. From the practice of the purest virtue, you may be assured
you will derive the most sublime comforts in every moment of life,
and in the moment of death. If '^ver you find yourself environed
with difficulties and perplexing circumstances, out of which you
are at a loss how to extricate yourself, do what is right, and be as-
sured that that will extricate you the best out of the worst situations.
Though you cannot see, when you take one step, what will be
the next, yet follow truth, justice, and plain dealing, and never fear
their leading you out of the labyrinth, in the easiest manner pos-
sible. The knot which you thought a Gordian one, will untie itself
before you. Nothing is so mistaken as the supposition, that a per-
son is to extricate himself from a difficulty, by intrigue, by chi-
canery, by dissimulation, by trimming, by an untrutli, by an injus-
tice. This increases ihe difficulties ten fold ; and those who pursue
these mediods, get themselves so involved at length, that they can
turn no way but their infamy becomes more exposed. It is of
great importance to set a resolution, not to be shaken, never to tell
an untruth. There is no vice so mean, so pitiful, so contemptible ;
and he who permits himself to tell a lie once, finds it much easier
to do it a second and third time, till at length it becomes habitual ;
he tells lies without attending to it, and truths without the world's
believing him. This falsehood of the tongue leads to that of the
heart, and in time depraves all its good dispositions.

An honest heart being the first blessing, a knowing head is the
second. It is time for you now to begin to be choice in your read-
ing ; to begin to pursue a regular course in it ; and not to suffer
yourself to be turned to tlie right or left by reading any thing out
of that course. I have long ago digested a plan for you, suited to
tlie circumstances in which you will be placed. This I will detail
to you, from time to time, as you advance. For the present, I
advise you to begin a course of antient history, reading every thing
in the original and not in translations. First read Goldsmith's his-
tory of Greece. This will give you a digested vitjw of that field.
Then take up antient history in the detail, reading the following

287

id all
pose,
sbest
ly ap-
never

were
ige all
)ppor-
ercise,
m ha-
ssured
of life,
ironed
ih you

be as-
jations.
will be
ver fear
ler pos-
tie itself
It a per-
by chi-
ll injus-
> pursue
hey can
It is of
»r to tell
nptible ;
h easier

abitual ;

world's
of the

d is the
ur read-
suffer
ling out
lUited to
11 detail
esent, I
ry thing
ith's his-
lat field,
bllowing

,o

n

books, in the following order : Herodotus, Thucydides, Xenophon-
tis Heilenica, Xenophontis Anabasis, Arrian, Quintus Curtius, Dio-
dorus Siculus, Justin. This shall form the first stage of your
historical reading, and is all I need mention to you now. The
next, will be of Roman history.* From that, we will come down
to modern history. In Greek and Latin poetry, you have read or
will read at school, Virgil, Terence, Horace, Anacreon, Theocri-
tus, Homer, Euripides, Sophocles. Read also Milton's Paradise
Lost, Shakspeare, Ossian, Pope's and Swift's works, in order to
form your style in your own language. In morality, read Epic-
tetus, Xenophontis Memorabilia, Plato's Socratic dialogues, Cicero's
philosophies, Antoninus, and Seneca. In order to assure a certain
progress in this reading, consider what hours you have free from
the school and the exercises of the school. Give about two of them,
every day, to exercise ; for health must not be sacrificed to learn-
ing. A strong body makes the mind strong. As to the species
of exercise, I advise the gun. While this gives a moderate exer-
cise to the body, it gives boldness, enterprise, and independence
to the mind. Games played with the ball, and others of that na-
ture, are too violent for the body, and stamp no character on the
mind. Let your gun therefore be the constant companion of your
walks. Never think of taking a book with you. The object of
walking is to relax the mind. You should therefore not permit
yourself even to think while you walk ; but divert your attention
by the objects surrounding you. Walking is the best possible ex-
ercise. Habituate yourself to walk very far. The Europeans
value themselves on having subdued the horse to the uses of man ;
but I doubt whether we have not lost more than we have gained,
by the use of this animal. No one has occasioned so much, the
degeneracy of the human body. An Indian goes on foot nearly as
far in a day, for a long journey, as an enfeebled white does on his
horse ; and he will tire tlie best horses. There is no habit you will
value so much as that of walking far without fatigue. I would ad-
vise you to take your exercise in the afternoon : not because it is
the best time for exercise, for certainly it is not ; but because it is
the best time to spare from your studies ; and habit will soon re-
concile it to heahh, and render it nearly as useful as if you gave
to that the more precious hours of the day. A little walk of half
an hour, in the morning, when you first rise, is advisable also. It
shakes off sleep, and produces other good effects ' the animal
economy. Rise at a fixed and an early hour, and go to bed at a
fixed and early hour also. Sitting up late at night is injurious to

* Livy, Sullust, Ctpsar, Cicero's epistles, Suetonius. Tacitus, Gibbon.

r**!

f

288

tliu health, and not useful to the mind. Having ascribed proper
hours to exercise, divide what remain, (I mean of your vacant
hours) into three portions. Give the principal to History, the odier
two, which should be shorter, to Philosophy and Poetry. Write
to me once every month or two, and let me know the progress you
make. Tell me in what manner you employ every hour in die
day. The plan I have proposed for you is adapted to your pre-
sent situation only. When that is changed, I shall propose a cor-
responding change of plan. I have ordered the following books
to be sent to you from London, to the care of Mr. Madison. He-
rodotus, Thucydides, Xenophon's Hellenics, Anabasis and Me-
morabilia, Cicero's works, Baretti's Spanish and English Diction-
ary, Martin's Philosophical Grammar, and Martin's Philosophia
Britannica. I will send you the following from hence. Bezout's
Mathematics, De la Lande's Astronomy, Muschenbrock's Physics,
Quintus Curtius, Justin, a Spanish Grammar, and some Spanish
books. You will observe that Martin, Bezout, De la Lande, and
Mirchenbrock are not in die preceding plan. They are not to
be opened till you go to the University. You are now, I expect,
learning French. You must push tliis; because the books which
will be put into your hands when you advance into Mathematics,
Natural philosophy, Natural history, &,c. will be mostly French,
these sciences being better treated by the French than the English
writers. Our future connection with Spain renders that the most
necessary of the modern languages, after the French. When you
become a public man, you may have occasion for it, and the cir-
cumstance of your possessing that language, may give you a pre-
ference over other candidates. I have nothing further to add for
the present, but husband well your time, cherish your instructors,
strive to make every body your friend ; and be assured that no-
thing will be so pleasing, as your success, to, Dear Peter,

Your's affectionately,

Th: Jefferson.

LETTER XCVI

TO JOHN PAGE.

- . Paris, August 20, 1785.

Dear Page,

T received your friendly letter of April the 28th, by Mr. Mazzei,
on the 22nd of July. That of the month before, by Monsieur Le
Croix, has not come to hand. This correspondence is grateful to

try,
ful

289

some of my warmest feelings, as the friendships of my youth ard
those which adhere closest to me, and in which I most confide.
My principal happiness is now in the retrospect of life.

I thank you for your notes of your operations on the Pennsyl-
vania boundary. I am in hopes that from yourself, Madison,
Rittenhouse or Hutchings, I shall receive a chart of the line as
actually run. It will be a great present to me. I think Hutch-
ings promised to send it to me. I have been much pleased to
hear you had it in contemplation, to endeavor to establish Ritten-
house in our college. This would be an immense acquisition,
and would draw youth to it from every part of the continent. You
will do much more honor to our society, on reviving it, by
placing him at its head, than so useless a member as I should be.
I have been so long diverted from this my favorite line, and that,
too, without acquiring an attachment to my adopted one, that I am
become a mongrel, of no decided order, unowned by any, and
incapable of serving any. 1 should feel myself out of my true place
too, to stand before McLurg. But why withdraw yourself? You
have more zeal, more application, and more constant attention to
the subjects proper to the society, and can, therefore, serve them
best.

The affair of the Emperor and Dutch is settled, though not
signed. The particulars have not yet transpired. That of the
Bavarian exchange is dropped, and his views on Venice defeated.
The alliance of Russia with Venice, to prevent his designs in that
quarter, and that of the Hanoverian Elector with the Kipg of
Prussia and other members of the Germanic body, to prevent his
acquisition of Bavaria, leave him in a solitary situation. In truth,
he has lost much reputation by his late . maneuvres. He is a
resdess, ambitious character, aiming at every thing, persevering in
nothing, taking up designs without calculating tlie force which will
be opposed to him, and dropping them on the appearance of firm
opposition. He has some just views, and much activity. The
only quarter in which the peace of Europe seems at present capa-
ble of being disturbed, is on that of the Porte. It is believed that
the Emperor and Empress have schemes in contemplation, for
drixing the Turks out of Europe. Were this with a view to re-
establish the native Greeks in the sovereignty of their own coun-
try, I could wish them success, and to see driven from that delight-
ful country a set of barbarians, with whom an opposition to all
science is an article of religion. The modem Greek is not yet
so far departed from its antient model, but that we might still hope
to see the language of Homer and E emosthenes flow with purity,
from the lips of a free and ingenious people. But these powers
VOL. I. 37

f

290

have 'n object to divide the country between themselves. This
is only to .substitute one set of barbarians for another, breakingt at
the same time, the balance among the European powers, i ou
have been told, with truth, that the Emperor of Morocco has
shewn a disposition to enter into treaty with us : but not truly, that
Congress has not attended to his advances, and thereby disgusted
him. It is long smce they took measures to meet his advances.
But some unlucky incidents have delayed their efiect. His dis-
positions continue good. As a proof of this, he has lately released
tireely, and clothed well, the crew of an American bng he took
last winter ; the only vessel ever taken from us by any of the
States of Barbary. But what is the English of these good dispo-
sitions ? Plainly this ; he is ready to receive us into the number
of his tributaries. What will be the amount of tribute, remains
yet to be known, but it probably will not be as small as you may
have conjectured. It will surely be more than a free people ought
to pay to a power owning only four or five frigates, under
twenty-two guns : he has not a port into which a larger vessel can
enter. The Algerincs possess fifteen or twenty frigates, from that
size up to fifty guns. Disinclination on their part, has lately broken
off a treaty between Spain and them, whereon they were to have
received a million of dollars, besides great presents in naval stores.
What sum they intend we shall pay, I cannot say. Then follow
Tunis and Tripoli. You will probably find the tribute to all these
powers make such a proportion of the federal taxes, as that every
man vnll feel them sensibly, when he pays those taxes. The
question is, whether their peace or war will be cheapest ? But it
is a question which should be addressed to our honor, as well as
our avarice. Nor does it respect us as to these pirates only, but
as to the nations of Europe. If we vdsh our commerce to be free
and uninsulted, we must let these nations see, that we have an
energy which at present they disbelieve. The low opinion they
entertain of our powers, cannot fail to involve us soon, in a naval
war.

I shall send you with this, if I can, and if not, then by the first
good conveyance, the Connoissance de tems for the years 1786 and
1787, being all as yet published. You will find in these the ta-
bles for the planet Herschel, as far as the observations hitherto
made, admit them to be calculated. You will see, also, that Her-
schel was only the first astronomer who discovered it to be a planet,
and not the first who saw it. Mayer saw it m the year 1756, and
placed it in the catalogue of his zodiacal stars, supposing it to
be such. A Prussian astronomer, in the year 1781, observed that
the 964th star of Mayer's catalogue was niissing : and the calcula-

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291

tions now prove that at the time Mayer saw his 964th star, the
planet Herschel should have been precisely in the place where he
noted that star. I shall send you also a little publication here,
called the Bibliotheque Physico-ceconomique. It will communi-
cate all the improvements and new discoveries in the arts and
sciences, made in Europe for some years past. I shall be happy
to hear from you often. Details, political and literary, and even
of the small history oi our country, are the most pleasing commu-
nications possible. Present me affectionately to Mrs. Page, and
to your family, in the members of which, though unknown to me,
I feel an interest on account of their parents. Believe me to be
with warm esteem, Dear Page, your sincere friend and servant,

Th: Jeffekson.

LETTER XCVII.

TO JOHN JAY.

„-.,-i'

(Private.) Paris, August 23, 1785.

Dear Sir,

I shall sometimes ask your permission to write you letters, not
official, but private. The present is of this kind, and is occasioned
by the question proposed in yours of June the 14th; * whether it
would be useful to us, to carry all our own productions, or none ?

Were we perfectly free to decide this question, I should reason
as follows. We have now lands enough to employ an infinite num-
ber of people in their cultivation. Cultivators of the earth are the
most valuable citizens. They are the most vigorous, the most in-
dependent, the most vutuous, and they are tied to theii country,
and wedded to its liberty and interests, by the most lasting bonds.
As long, therefore, as they can find employment in this line, I
would not convert them into mariners, artisans, or any thing else.
But our citizens will find employment in this line, till their numbers,
and of course their productions, become too great for t*- " demand
both internal and foreign. This is not the case as y f 1, ain; proba-
bly will not be for a considerable time. As soon as ' " Jie sur-
plus of hands must be turned to something else. I s^iould then,
perhaps, wish to turn them to the sea in preference to manufac-
tures ; because, comparing the characters of the two classes, I find
the former the most valuable citizens. I consider the class of ar-
tificers as the panders of vice, and the instruments by which the
liberties of a country are generally overturned. However, we are

. (.1? -...^v^k,.tii«v_

292

not free to decide this question on principles of theory only. Our
people are decided in tlie opinion, that it is necessary for us to
take a share in the occupation of the ocean, and their established
habits induce th^ to require that the sea be kept open to them,
and that that lim oolicy be pursued, which will render the use
Ok* that element to . c:m, as great as possible. I think it a du.y in
those entrusted with tlie administration of their afiairs, to conform
themselves to tlic decided choice of their constituents: and that
therefore, we should, in every instance, preserve an equality of right
to tliem in tlie transportation of commodities, in Uie right of fish*
ing, and in the other uses of the sea.

But what will be the consequence ? Frequent wars without a
doubt. Their property will be violated on the sea, and in foreign
ports, their persons will be insulted, imprisoned, &c. for pretended
debts, contracts, crimes, contraband, &,c. he. These insults must
be resented, even if we had no feelings, yet to prevent their eter-
nal repetition ; or, in other words, our commerce on the ocean and
in other countries, must be paid for by frequent war. The justest
dispositions possible in ourselves, will not secure us against it. It
would be necessary tliat all other nations were just also. Justice
indeed, on our part, will save us from those wars which would
have been produced by a contrary disposition. But how can we
prevent those produced by tlie wrongs of other nations? By put-
ling ourselves in a condition to punish them. Weakness provokes
insult and injury, while a condition to punish, often prevents them.
This reasoning leads to the necessity of some naval force ; that be-
ing the only weapon with which we can reach an enemy. I think
it to our interest to punish tlie first insult : because, an insult un-
punished is the parent of many others. We are not, at this mo-
ment, in a condition to do it, but we should put ourselves into it, as
soon as possible. If a war with England should take place, it
seems to me that the first thing necessary, would be a resolution
to abandon the carrying trade, because we cannot protect it.
Foreign nations must, in that case, be invited to bring us what we
want, and to take . our productions in their own bottoms. This
alone could prevent the loss of those productions to us, and the
acquisition of them to our enemy. Our seamen might be em-
ployed in depredations on their trade. But how dreadfully we shall
suffer on our coasts, if we have no force on the water, former ex-
perience has taught us. Indeed, I look forward with horror to
the very possible case of war with an European power, and think
there is no protection against them, but from the possession of some
force on the sea. Our vicmity to their West India possessions,
and to the fisheries, is ^ bridle which a small naval force, on our

in

293

part, would hold in the moutlis of tlie most powerful of tlieso
countries. I hope our land office will rid us of our debts, and
that our first attention then, will be, to the beginning a naval force
of some sort. This alone can countenance our people as car-
riers on the water, und I suppose them to be determined to con-
tinue such.

* I wrote you two public letters on tlie 14th instant, since which I
have received yours of July the 13tli. I shall always be pleased
to receive from you, in a private way, such communications as you
might not choose to put into a public letter.

I have the honor to be, with very sincere esteem. Dear Sir,
your most obedient humble servant,

Th: Jefferson.

LETTER XCVIII.

TO COLONEL MONROE.

Paris, August 28, 1785,
Dear Sir,

I wrote you on the 5th of July, by Mr. Franklin, and on the
12th of the same month, by Monsieur Houdon. Since that date,
your's of June the 16th, by Mr. Mazzei, has been received. Every
thing looks like peace here. The settlement between the Empe-
ror and Dutch is not yet published, but it is believed to be agreed
on. Nothing is done, as yet, between him and the Porte. He is
much wounded by the confederation of several of the Germanic
body, at the head of which is the King of Prussia, and to which
the King of England, as Elector of Hanover, is believed to accede.
The object is to preserve the constitution of that empire. It shews
that these princes entertain serious jealousies of the ambition of
the Emperor, and this will very much endanger the election of his
nephew as King of the Romans. A late Arret of this court against
the admission of British manufactu»js, produces a great sensation
in England. I wish it may produce a disposition there to receive
our commerce in all their dominions, on advantageous terms. This
is the only balm which can heal the wounds that it has received.
It is but too true, that that country furnished markets for three
fourths of the exports of the eight nortliern-most States. A truth
not proper to be spoken of, but which should influence our pro-
ceedings with them.

The July French packet having arrived without bringing any
news of Mr. Lambe, if the English one of the same month be also

294

arrived, without news of him, I expect Mr. Adams will concur with
me in sending some other person to treat witli the Barbary States.
Mr. Barclay is willing to go, and I have proposed him to Mr. Ad-
ams, but have not yet received his answer. The peace expected
between Spain and Algiers, will probably not take place. It is said,
the former was to have given a million of dollars. Would it not
be prudent to send a minister to Portugal ? Our commerce with
that country is very important ; perhaps more so than with any
other country in Europe. It is possible, too, that they might per-
mit our whaling vessels to refresh in Brazil, or give some other in-
dulgences in America. The lethargic character of their ambas-
sador here, gives a very unhopeful aspect to a treaty on this ground.
I lately spoke with him on the subject, and he has promised to
interest himself in obtaining an answer from his court.

I have waited to see what was the pleasure of Congress, as to
the secretaryship of my office here ; tliat is, to see whether they
proposed to appoint a secretary of legation,' or leave me to appoint
a private secretary. Colonel Humphreys* occupation in the dis-
patches and records of the matters wnich relate to the general
commissions, does not afford him leisure to aid me in my office,
ivere I entitled to ask that aid. In the mean dme,the long papers
which often accompany the communications between the ministers
here, and myself, and the other business of the office, absolutely
require a scribe. I shall, therefore, on Mr. Short's return fixDm
the Hague, appoint him my private secretary, till Congress shall
think proper to signify their pleasure. The salary allowed Mr.
Franklin, in the same office, was one thousand dollars a year. I
shall presume that Mr. Short may draw the same allowance from
the funds of the United States, here. As soon as I shall have made
this appointment, I shall give official notice of it to Mr. Jay, that
Congress may, if they disapprove it, say so.

I am much pleased with your land ordinance, and think it im-
proved from the first, in the most material circumstances. I had
mistaken the object of the division of the lands among the States.
I am sanguine in my expectations of lessening our debts by this
fund, and have expressed my expectations to the minister and
others, here. I see by the public papers, you have adopted the
dollar as your mone^ mit. In the arrangement of coins I pro-
posed, I ought to have inserted a gold coin of five dollars, which,
being within two shillings of the value of a guinea, would be very
convenient.

The English papers are so incessantly repeating th^'r lies about
the tumults, the anarchy, the bankruptcies and distresses of Ame-
rica, that these ideas prevail very generally in Europe. At a large

can.

1 f «(

295

table where I dined the other day, a gentleman from Switzerland
expressed his apprehensions for the fate of Dr. Franklin, as he
said he had been informed, that ho would be received with stones
by the people, who were generally dissatisfied with tlio Revolution,
and incensed against all tliosc who had assisted in bringing it about.
I told him his apprehensions were just, and that tlie people of
America, would probably salute Dr. Franklin with tlie same stones
they had thrown at the Marquis Fayette. The reception of the
Doctor is an object of very general attention, and will weigh in
Europe, as an evidence of tlie satisfaction or dissatisfaction of
America, with their Revolution. As you are to be in Williamsburg
early in November, this is the last letter 1 shall write you till about
that time.

I am, with very sincere esteem, Dear Sir,
your friend and servant,

Th: Jkfferson.

LETTER XCIX.

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TO CAPTAIN JOHN PAUL JONES.

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Sir,

Parii, August 29, 1785.

I received this moment a letter from the Marechal de Castries,
of which the enclosed is a copy. Having engaged to him to soli-
cit orders for the payment of any part of this money due to French
subjects, to be made here, and moreover engaged that, in the
mean time, I will order payment, should any such claimants offer
themselves ; I pray you to furnish me with all the evidence you
can, as to what French subjects may be entitled to any part of the
monies you will receive, and to how much, each of them ; and also
to advise me by what means I can obtain a certain roll of all such
claimants.

I am, Sir, with great esteem,

your most obedient humble servant,

Th: Jefferson.

•■-■..

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206

. .ILlfU! - it ^ -I

LETTER C.

TO JOHN JAT.

Sir,

Parig, AugnitSO, 1785.

IE

«

' I had the honor of writing to you on the 14th instant, by a Mr.
Cannon of Connecticut, who was to sail in the packet. Since
that date, yours of July the 13th has come to hand. The times
for the sailing of the packets being somewhat deranged, I avail
myself of a conveyance for the present, by the Mr. Fitzhughs of
Virginia, who expect to land at Philadelphia.

I enclose you a correspondence which has taken place between
the Marechd de Castries, minister of the Marine, and myself. It
is on the subject of the prize money, due to the officers and crew
of the Alliance, for prizes taken in Europe, under the command
of Captain Jones. That officer has. been here, under the direc-
tion of Congiess, near two years, sob'citing the liquidation and
payment of diat money. Infinite delays had retarded the liquida-
tion till the month of June. It was expected, when the liquidation
was announced to be completed, that the money was to be re-
ceived. The M. de Castries doubted the authority of Cap-
tain Jones to receive it, and wrote to me for informauon. I wrote
him the letter dated July the 10th, which seemed to clear away
that difficulty. Another arose. A Mr. Puchilberg presented
powers to receive the money. I wrote, then, the letter of August
the 3rd, and received that of the M. de Castries, of August
the 12th, acknowledging he was satisfied as to this difficulty, but
annoupcing another ; to wit, that possibly some French subjects
might have been onboard the Alliance, and, therefore that Captain
Jones ought to give security for the repayment of their portions.
Captain Jones had before told me there was not a Frenchman on
board that vessel, but the captain. I inquired of Mr. Barclay.
He told me he was satisfied there was not one. Here then, was
a mere possibility, a shadow of a right, opposed to a certain, to a
substantial one which existed in tne mass of the crew, and which
was likely to be delayed ; for it was not to be expected that Cap-
tain Jones could, in a strange country, find the security required.
These difficulties I suppose to have been conjured up, one after
another, by Mr. Puchilberg, who wanted to get hold of the mo-
ney. I saw but one way to cut short these everlasting delays,
which were ruining the officer soliciting the payment of the money,
and keeping our seamen out of what they had hardly fought for.

\'

297

years ago. This was, to undertake to ask an order from Con-
gress, for the payment of any French clahnants by their banker in
Paris ; and, in the mean time, to undertake to order such payment,
should any such claimant prove his title, before the pleasure of
Congress should be made known to me. I consulted with Mr.
Barclay, who seemed satisfied I might venture this undertaking,
because no such claim could be presented. I therefore wrote the
letter of August the 17th, and received that of August the 26th,
finally closing this tedious business. Should what I have done,
not meet tlie approbation of Congress, I would pray their immediate
sense, because it is not probable tliat the whole of this money will
be paid so hastily, but that their orders may arrive in time, to stop
a sufficiency for any French claimants who may possibly exist.
The following paragraph of a letter from Captain Jones, dated
L'Orient, August the 25th, 1785, further satisfies me, that my un-
dertaking amounted to nothing in fact. He says, ' It is impossible
that any legal demands should be made on you for French subjects,
in consequence of your engagenjent to the Mareclial. The Alli-
ance was manned in America, and I never heard of any persons
having served on board that frigate, who had been born in France,
except the captain, who, as I was informed, had, in America, ab-
jured tlie church of Rome, and been naturalized.' Should Con-
gress approve what I have done, I will then ask their resolution
for the payment, by their banker here, of any such claims as may
be properly authenticated, and will moreover pray of you an au-
thentic roll of the crew of the Alliance, with the sums to be al-
lowed to each person; on the subject of which roll. Captain Jones,
in the letter above mentioned, says, ' I carried a set of the rolls
with me to America, and before I embarked in the French fleet at
Boston, I put them into the hands of Mr. Secretary Livingston,
and they were sealed up among the papers of his office, when I
left America.' I think it possible that Mr. Puchilberg may excite
claims. Should any name be offered which shall not be found on
the roll, it will be a sufficient disproof of the pretension. Should
.it be found on the roll, it will remain to prove tine identity of per-
son, and to inquire if payment may not have been made in Ame-
rica. I conjecture, from the journals of Congress of June the 2nd,
that Landais, who, I believe, was the captain, may be in America.
As his portion of prize money may be considerable, I hope it will
be settled in America, where only it can be known whether any
advances have been made him.

The person at the head of the post office here, says, he pro-
posed to Dr. Franklin a convention to facilitate the passage of let-
ters through their office and ours, and that he delivered a draught

iP^

■■,*■■

> 'A

VOL. I.

38

• ¥

298

of the convention proposed,.that it might be sent to Congress. I
think it possible he may be mistaken in this, as, on my mentioning
it to Dr. Franklin, he did not recollect any such draught having
been put into his hands. An answer, however, is expected by
them. I mention it, that Congress may decide whether they will
make any convention on the subject, and on what principle. The
one proposed here, was, that for letters passing hence into Ame-
rica, the French postage should be collected by our post officers,
and paid every six months, and for letters coming from America
here, the American postage should be collected by the post offi-
cers here, and paid to us in like manner. A second plan, how-
ever, presents itself; that is, to suppose the sums to be thus col-
lected, on each side, will be equal, or so nearly equal, tliat the
balance will not pay for the trouble of keeping accounts, and for
the little bickerings that the settlement of accounts, and demands
of the balances, may occasion : and therefore, to make an exchange
of postage. This would better secure our harmony ; but I do not
know that it would be agreed to here. If not, the other might
then be agreed to.

I have waited hitherto, supposing that Congress might, possibly,
appoint a secretary to the legation here, or signify their pleasure
that I should appoint a private secretary, to aid me in my office.
The communications between the ministers and myself, requiring
often that many and long papers should be copied, and that, in a
shorter time than could* be done by myself, were I otherwise un-
occupied, other correspondences and proceedings, of all which
copies must be retained, and still more the necesaty of having
some confidential person, who, in case of any accident to myself^
might be authorised to take possession of tlie instructions, letters,
and other papers of the office, have rendered it absolutely neces-
sary for me to appoint a private secretary. Colonel Humphreys
finds full occupation, and often more than he can do, in writing
and recording the despatches and proceedings of the general com-
missions. I shall, therefore, appoint Mr. Short, on his return from
the Hague, with an express condition, that the appointment shall
cease whenever Congress shall think proper to make any other
arrangement. He will, of course, expect the allowance hereto-
fore made to the private secretaries of the ministers, which, I be-
lieve has been a thousand dollars a year.

An improvement is made here in the construction of muskets,
which it may be interesting to Congress to know, should they at
any time propose to procure any. It consists in the making every
part of them so exactly alike, that what belongs to any one, may
be used for every other musket in the magazine. The govern*

299

mem here, has examined and approved the method, and is estab-
lishing a large manufactory for the purpose of putting it into exe-
cution. As yet, the inventor has only completed the lock of the
musket, on this plan. He will proceed immediately to have the
barrel, stock, and their parts, executed in the same way. Sup-
posing it might be useful to the United States, I went to the
workman. He presented me the parts of fifty locks taken to
pieces, and arranged in compartments. I put several together
myself, taking pieces at hazard as they came to hand, and they
fitted in the most perfect manner. The advantages of this, when
arms need repair, are evident. He effects it by tools of his own
contrivance, which, at the same time, abridge the work, so that
he thinks he shall be able to furnish the musket, two livres cheaper
than the common price. But it will be two or three years before
he will be able to furnish any quantity. I mention it now, as it
may have an influence on the plan for furnishing our magazmes
with this arm.

Every thing in Europe remains as when I wrote you last. The
peace between Spain and Algiers has the appearance of being
broken off. The French packet having arrived without Mr.
Lambe, or any news of him, I await Mr. Adams's acceding to the
proposition mentioned in my last. I send you tlie Gazettes of
Leyden and France, ) this date, and have the honor to be, with
the highest respect and esteem, Sir,

your most obedient humble servant,

Th: Jefferson.

m

m

t.:fl

LETTER CI.

TO JAMES MADISON.

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every

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Paris, September 1, 1785. r

Dear Sir,

My last to you by Monsieur de Doradour, was dated May the
11th. Since that, I have received yours of January the 22nd,
with six copies of the revisal, and that of April the 27th, by Mr.
Mazzei.

All is quiet here. The Emperor and Dutch have certainW agreed,
though they have not published their agreement. Mr./ of his
schemes in Germany must be postponed, if they are not prevent-
ed, by the confederacy of many of the Germanic body, at the
head of which is the King of Prussia, and to which the Elector of
Hanover is supposed to have acceded. The object of the league

'V^i

'T!' -If ni'ii.cu:; vsj

^■' .

I

300 •

is to preserve the members of- the empire iri their present state.
I doubt whether the jealousy entertained of this prince, and which
is so fully evidenced by this league, may not defeat the election of
his nephew to be King of the Romans, and thus produce an in-
stance of breaking the lineal succession. Nothing is as yet done
between him and the Turks. If any thing is produced in that
quarter, it will not be for this year. The court of Madrid has ob-
tained the delivery of tlie crew of the brig Betsey, taken by the
Emperor of Morocco. The Emperor had treated them kindly,
new clothed them, and delivered them to the Spanish minister,
who sent them to Cadiz. This is the only American vessel ever
taken by the Barbary States. The Emperor continues to give
proofs of his desire to be in friendship with us, or, in other words,
of receiving us into the number of his tributaries. Nothing further
need be feared from him. I wisli the Algerines may be as easily
dealt with. I fancy the peace expected between them and Spain,
is not likely to take place. I am well informed that the late pro-
ceedings in America, have produced a wonderful sensation in
England in our favor. I mean the disposition which seems to be
becoming general, to invest Congress with the regulation of our
commerce, and, in the mean time, the measures taken to defeat
the avidity of the British government, grasping at our carrying
business. I can add with truth, that it was not till these symptoms
appeared in America, that I have been able to discover the small-
est token of respect towards the United States, in any part of
Europe. There was aa enthusiasm towards us, all over Europe,
at the moment of the peace. The torrent of lies published unre-
mittingly, in every day's London paper, first made an impression,
and produced a coolness. The republication of these lies in most
of the papers of Europe, (done probably by authority of the go-
vernments, to discourage emigrations) carried them home to the
belief of every mind. They supposed every thing in America
was anarchy, tumult, and civil war. The reception of the Mar-
quis Fayette gave s. ^heck to these ideas. The late proceedings
seem to be producing a decisive vibration in our favor. I think it
possible that England may ply before them. It is a nation which
nothing but views of interest can govern. If they produce us
good there, they will here also. The defeat of the Irish proposi-
tions is also in our favor.

I have at length made up the purchase of books for you, as far
as it can be done at present. The objects which I have not yet
been able to ^et, I shall continue to seek for. Those purchased,
are packed this morning in two trunks, and you have the catalogue
and prices herein enclosed. The future charges of transportation
shall be carried into the next bill. The amount of the present is

rica

■ V

301

1154 livres 13 sous, which, reckoning tlie French crown of six
livres at six shillings and eight pence, Virginia money, is £64, i3*.
which sum you will be so good as to keep in your hands, to be
used occasionally in the education of my nephews, when the regu-
lar resources disappoint you. To tlie same use I would pray you to
apply twenty-five guineas, which I have lent the two Mr. Fitzhughs
of Marmion, and which I have desired them to repay into your
liands. You will of course deduct tlie price of the revisals, and
of any other articles you ir y have been so kind as to pay for me.
Greek and Roman authors are dearer here, than, I believe, any
where in the world. Nobody here reads them ; wherefore they are
not reprinted. Don UUoa, in the original, is not to be found.
The collection of tracts on die economies of different nations, we
cannot find • nor Amelot's travels into China. I shall send these
two trunks of books to Havre, there to wait a conveyance to Ame-
rica ; for as to the fixing the packets there, it is as uncertain as
ever. The other articles you mention, shall be procured as far as
they can be. Knowing that some of tliem would be better got in
London, I commissioned Mr. Short, who was going there, to get
them. He has not yet retui'ned. They will be of such a nature,
as that I can get some gentleman who may be going to Amei!.. i,
to take them in his portmanteau. Le Maire being now able to
stand on his own legs, there will be no necessity for your advanc-
ing him the money I desired, if it is not already done. I am anx-
ious to hear from you on the subject of my Notes on Virginia. I
have been obliged to give so many of them here, that I fear their
getting published. I have received an application from the Direc-
tors of the public buildings, to procure them a plan for their capi-
tol. I shall ^end them one taken from tlie best morsel of antient
architecture now remaining. It has obtained the approbation of
fifteen or sixteen centuries, and is, therefore, preferable to any
desi^ which might be newly contrived. It will give more room,
be more convenient, and cost less, than the plan they sent me.
Pray encourage them to wait for it, and to execute it. It will be
superior in beauty to any thing in America, and not inferior to any
dibg in the world. It is very simple. Have you a copying
press ? If you have not, you should get one. Mine (exclusive
of paper which costs a guinea a ream) has cost me about fourteen
guineas. I would give ten times that sum, to have had it from the
date of the stamp act. I hope you will be so good as to continue
your communications, bodi of the great and small kind, which are
equally useful to me. Be assured of the sincerity with which I

am, Dear Sir,

%^

.,- i

W

your friend and servant,

Th: Jefferson.

m

-s^-^

302

LETTER CII.

TO MESSRS. DUMAS AND SHORT*

Paris, September 1 , 1785.

\ Gentlemen,

I have been duly honored with the receipt of your separate let-
ters, of August 23rd, and should sooner have returned an answer,
but that as you had written also to Mr. Adams, I thought it pos-
sible I might receive his sentiments on the subject, in time for the
post. Not thmking it proper to lose the occasion of the post, I
have concluded to communicate to you my separate sentiments,
which you will of course pay attention to, only so far as they may
concur with what you shall receive frpm Mr. Adams.

On a review of our letters to the Baron de Thulemeyer, I do
not find that we had proposed that the treaty should be in two co-
lumns, the one English, and the other what he should think proper.
We certainly intended to have proposed it. We had agreed together,
that it should be an ^ticle of system with us, and the omission of
it, in this instance, has been accidental. My own opinion, there-
fore, is, that to avoid the appearance of urging new propositions
when every thing appeared to be arranged, we should agree to
consider the French column as the original, if the Baron de Thu-
lemeyer thinks himself bound to insist on it : biit if the practice of
his court wiU admit of the execution in the two languages, each to
be considered as equally original, it would be. very pleasing to me,
as it will accommodate it to our views, relieve us firora the embar-
rassment of this precedent, which may be urged against us on other
occasions, and be more agreeable to our country, where the French
language is spoken by very few. This method will be also attend-
ed with the advantage, that if any expression in any part of the
treaty is equivocal in the one language, its true sense will be known
by the corresponding passage in the other.

The errors of tlie copyist, in the French column, you will cor-
rect of course.

I have the honor to be, with very high esteem, Gentlemen,
your most obedient and

most humble servant,

Th: Jefferson.

then,
to say,
tions,
penses
make
than al
trade,
the pos
the bus
whole

^^s^^

303

LETTER cm,

TO JOHN ADAMS.

Paris, September 4, 1785.

Dear Sir,

On receipt of your favors of August the 18th and 23rd, I con-
ferred with Mr. Barclay on the measures necessary to be taken,
to set our treaty with the piratical States into motion, through his
agency. Supposing that we should begin with the Emperor of
Morocco, a letter to the Emperor and instructions to Mr. Barclay,
seen[ied necessary. I have therefore sketched such outlines for
these, as appear to me to be proper. You will be so good as to
detract, add to, or alter them as you please, to return such as you
approve under your signature, to which I will add mine. A person
understanding English, French and Italian, and at the same time
meriting confidence, was not to be met with here. Colonel Franks,
understanding the two first languages perfertiy, and a little Spanish
instead of Italian, occurred to Mr. Barclay as the fittest person he
could employ for a secretary. We think his allowance (exclusive
of his travelling expenses ana his board, which will be paid by Mr.
Barclay in common with his own) should be between one hundred,
and one hundred and fifty guineas a year. Fix it where you
please, between these limits. What is said in the instructions to
Mr. Barclay, as to liis own allowance, was proposed by himself.
My idea as to the partition of the whole sum to which we are
limited, (eighty thousand dollars) was, that one half of it should be
kept in reserve for the Algerines. They certainly possess more
than half of the whole power of the piratical States. I tliought
then, that Morocco might claim the half of the remainder, tliat is
to say, one fourth of the whole. For this reason, in tlie instruc-
tions, I propose twenty thousand dollars as the limit of the ex-
penses of the Morocco treaty. Be so good as to think of it, and
make it what you please. I should be more disposed to enlarge
than abridge it, on account of their neighborhood to our Atlantic
trade. I did not think that these papers should be trusted through
the post office, and therefore, as Colonel Franks is engaged in
the business, he comes with them. Passing by the diligence, the
whole expense will not exceed twelve or fourteen guineas. I suj)-
pose we are bound to avail ourselves of the co-operation of France.
I will join you, therefore, in any letter you think proper to write
to the Count de Vergennes. Would you think it expedient to
write to Mr. Carrnichael, to interest the interposition of the Spanish

I'

'I

-.ff.t!;

"t"

304

court ? I will join you in any thing of this kind you will originate.
In short, be so good as to supply whatever you may think neces-
sary. With respect to the money, Mr. Jay's information to you
was, that it was to be drawn from Holland. It will rest therefore
witli you, to avail Mr. Barclay of that fund, either by your draft,
or by a letter of credit to tlie bankers in his favor, to the necessary
amount. I imagine the Dutch consul at Morocco may be render-
ed an useful character, in the remittances of money to Mr. Barclay,
while at Morocco.

You were apprised, by a letter from Mr. Short, of the delay
which had arisen in the execution of the treaty with Prussia. I
wrote a separate letter, of which I enclose you a copy, hoping it
would meet one from you, and si i *hehi again into motion.

I have the honor to be, with the highest respect. Dear Sir,
your most obedient

and most humble servant,

Th: Jeffersov.

[The following are tlie sketches of the letter to the Emp ?ror of
Morocco, and of the instructions to Mr. Barclay, referred to in the
preceding letter.]

«

Heads for a letter to the Emperor of Mcrocco.

That the United States of America, heretofore connected in
government wiih Great Britain, had found it necessary for tlieir
happiness to separate from her, and to assume an independent
station.

That, consisting of a number of separate States, they had con-
federated together, and placed the sovereignty of the whole, in
matters relating to foreign nations, in a body consisting of dele-
gates from every State, and called the Congress of the United
States.

That Great Britain had solemnly confirmed their separation, and
acknowledged their independence.

That after the conclusion of the peace, which terminated the
war in which they had been engaged for the establishment of tiieir
independence, the first attentions of Congress were necessarily
engrossed by the re-establishment of order and regular govern-
ment.

That they had, as soon as possible, turned their attention to for-
eign nations, and, desirous of entering into amity and commerce
with them, had been pleased to appoint us, witii Dr. Benjamin

^5

Franklin, to execute sucli treaties for this purpose, as should be
agreed on by such nations, with us, or any two of us.

That Dr. Franklin having found it necessary to return to Ame-
rica, the execution of these several commissions had devolveci on us.

That being placed as Ministers Plenipotentiary for the United
States at the courts df England and France ; this circumstance,
with the commissions with which we are charged for entering into
treaties with various other nations, puts it out of our power to at-
tend at the other courts in person, and obliges us to negotiate by
tlie intervention of confidential persons.

That, respecting the friendly dispositions shewn by his Majesty,
the Emperor of Morocco, towards the United States, and indulg-
ing the desire of forming a connection with a sovereign, so re-
nowned for his power, his wisdom, and his justice, we had embraced
the first moment possible, of assuring him of these the sentiments
of our country and of ourselves, and of expressing to him our wishes
to enter into a connection of friendship and commerce with him.

That for this purpose, we had commissioned the bearer hereof,
Thomas Barclay, a person in the highest confidence of the Con-
gress of the United States, and as such, having been several years,
and still being their consul general with our great and good friend
and ally, the King of France, to arrange witli his Majesty the Em-
peror, those conditions which it might be advantageouF for both
nauons to adopt, for the regulation of their commerce, and their
mutual conduct towards each other.

That we deliver to him a copy of tlie full powers with which we
are invested, to conclude a treaty with his Majesty, wh'ch copy
he is instructed to present to his Majesty.

That though by these, we are not authorised to delegate to him
the power of ultimately signing the treaty, yet such is our reliance
on his wisdom, his integrity, and his attention to the instructions
with which he is charged, that we assure his Majesty, the con-
ditions which he shall arrange and send to us, shall be returned
with our signature, in order to receive that of the person whom
his Majesty shall commission for the same purpose.

. Heads of instructions to Mr. Barclay.

Congress having been pleased to invest us with full powers for
entering into a treaty of amity and alliance with the Emperor of
Morocco, and it being impracticable for us to attend his court in
person, and equally impracticable, on account of our separate sta-
tions, to receive a minister from him, we have concluded to effect
our object by the intervention of a confidential person. We concur
VOL. I. 39

'iM

30(5

in wishing to avnil the United States of your tnlonts in the execu-
tion ol' this husiness, and therefore furnish you with a letter to the
Emperor of Morocco, to give due credit to your transactions with
him.

We advise you to proceed by the way of Madrid, where you
will have opportunities of deriving many lights from Mr. Carmi-
chael, through whom, many communications with the court of Mo-
rocco have already passed.

From thence you will proceed, by such route as you shall think
best, to the court of the Emperor.

You will present to him our letter, with the copy of our full
powers, with which you are furnished, at such time or times, and
in such manner, as you shall find best.

You will proceed to negotiate wiUi his minister, the terms of a
treaty of amity and commerce, as nearly conformed as possible to
the draught we give you. Where alterations, which, in your opi-
nion, shall not be of great importance, shall be urged by the other
party, you are at liberty to agree to them. Where they shall be of
great importance, and such as you think should be rejected, you
will reject them : but v/here they are of great importance, and
you think they may be accepted, you will ask time to take our ad-
vice, and will advise with us accordingly, by letter or by courier,
as you shall thmk best. When the articles shall all be agreed, you
will send them to us by some proper person, for our signature.

The whole expense of this treaty, including as well the expenses
of all persons employed about it, as the presents to the Emperor
and his servants, must not exceed twenty thousand dollars : and
we urge you to use your best endeavors, to bring it as much
below that sum as you possibly can. As custom may have render-
ed some presents necessary in the beginning or progress of this
business, and before it is concluded, or even in a way to be con-
cluded, we authorise you to conform to the custom, confiding in
your discretion to hazard as little as possible, before a certainty of
the event. We trust to you also to procure the best information,
as to what persons, and in what form, these presents should be made,
and to make them accordingly.

The difference between the customs of that and other courts,
the difficulty of obtaining a knowledge of those customs, but on the
spot, and our great confidence in your discretion, induce us to leave
to that, all other circumstances relative to the object of your mis-
sion. It will be necessary for you to take a secretary, well skilled
in the French language, to aid you in- your business, and to take
charge of your papers in case of any accident to yourself. We
think you may allow him guineas a year, besides his ex-

307

penses for travelling and subsistence. We engajre to furnish your
own expenses, according to die respectability of the characU" with
which you are invested, but as to the allowance for your tr .uble,
we wish to leave it to Congress. We annex hereto sundry heads
of inquiry which we wish you to make, and to give us thereon the
best information you shall be able to obtain. We desire you to
correspond with us by every opportunity which you think should
be trusted, giving us, from time to tiroe, an account of your pro-
ceedings and prospects.

Heads of inquiry for Mr. Barclay, as to Morocco.

" 1. Commerce. What are the articles of their export and im-
port ? What duties are levied by them on exports and imports ?
Do all nations pay the same, or what nations are favored, and how
far } Are they- their own carriers, or who carries for them ? Do
they trade tliemselves to other countries, or are they merely pas-
sive .?

' 2. Ports. What are their principal ports ? What depth of wa-
ter in them ? What works of defence protect these ports ?

3. Naval force. How many armed vessels have they ? Of what
kind and force ? What is the constitution of their naval force ?
What resources for increasing tlieir navy ? What number of sea-
men ? Their cruising grounds, and seasons of cruising ?

4. Prisoners. What is their condition and treatment ? At what
price are they ordinarily redeemed, and how ? . .

Do they pay respect to the treaties Uiey make ?
Land forces. Their numbers, constitution and respectability ?
' Revenues. Their amount.
Coins. What corns pass there, and at what rates ?

LETTER CIV.

•< TO DAVID HARTLEY.

, ■ . Paris, September 5, 1785.

Dear Sir, '^ —

Your favor of April the 1 5th, happened to be put into my hands
at the same time with a large parcel of letters from America,
which contained a variety of intelligence. It was then put where
I usually place my unanswered letters ;, and I, from time to time,
put off acknowledging the receipt of it, till I should be able to

308

furnish you American iiitelligoncc wortli communicaiing. A fa-
vorable opportunity, by a courier, of writing to you, occurring this
morning, what has been my astonislunent and cbagrin on reading
your i(!iter again, to find there was a case in it wbich recjuired au
uninediate answer, but wbicii, by tbe variety of mattors which
happened to be presented to my mind, at the sanie time, tiad ut-
terly escaped my recollection. I pray you to be assured, that
nothing but this slip of memory would have prevented my imme-
diate answer, and no other circunistance would have prevented fts
making sucli an impression on my mind, as that it could not have
escaped. 1 hope you will therefore obliterate the imputation of
want of respect, which, under actual appearances, must have arisen
in your mind, but which would refer to an untrue cause, the occa-
sion of my silence. I am not sufliciently acquainted with the pro-
ceedings of the New York Assembly, to say, with certainty, in
what predicament the lands of Mr. Upton may stand. But on
conferring with Colonel Humphreys, who, being from the neigh-
boring State, was more in the way of knowing what passed in
New York, he thinks that the descriptions in their confiscation laws
were such, as not to include a case of this nature. The first thing
to be done by Mr. Upton, is, to state his case to some intelligent
lawyer of the country, that he may know with certainty whether
they be confiscated, or not; and if not confiscated, lo know what
measures are necessary for completing and seci ring his grant.
But if confiscated, there is then no other tribunr;', of redress but
their General Assembly. If he is unacquainted there, I would ad-
vise him to apply to Colonel Hamilton, (who was aid to General
Washington) and is now very eminent at the bar, and much to be
relied on. Your letter in his favor to Mr. Jay, will also procure
him the benefit of his counsel.

With respect to America, I will rather give you a general view
of its situation, than merely relate recent events. The impost is still
unpassed by the two States of New York and Rhode island : for
the manner in which the latter has passed it, does not appear to
me to answer the principal object, of establishing a fund, which,
by being subject to Congress alone, may give such credit to the
certificates of public debt, as will make them negotiable. This
matter then, is still suspended.

Congress have lately purchased the Indian right to nearly the
whole of the land lying in the new State, bounded by lake Erie,
Pennsylvania, and the 01 lo. The northwestern come: alone, is
reserved to the Delawares and Wiandots. I expect a purchase is
also concluded with other tribes, for a considerable proportion of
the State next to ^is, on the north side of the Ohio. They have

>r'

309

A fa-
ng tliis
eading
red au
which
)U(1 ut-
li, that
imme-
lUed us
It have
tion of
! arisen
3 occa-
he pro-
inty, in
But on
neigh-
issed in
on laws
St thing
telligent
^^hether
)w what
i grant,
ess but
»uld ad-
Jeneral
to be
procure

al view
St is still
nd: for
)pear to
which,
to the
This

arly the

Erie,

lone, is

hase is

rtion of

ey have

passed an ordinance establishing a land oflico, considerably im-
proved, I thbk, on the |)lan of which 1 had tlic honor of giving
you u copy. The lands are to be offered for sale to tiie highest
bidder. For this pur(K)se, portions of them are to be pro|K)sed in
each State, that each may have the means of purchase carried
equally to their doors, and that the purchasers may be a proper
mixture of the citizens from ail the diHerent States. But such
lots as cannot he sold for a dollar an acre, are not to he parted
widi. They will receive as money, the certificates of public debt.
J flatter myself that this arrangement will very soon absorb the
whole of these certificates, and ilius rid us of our domestic debt,
which is four fifths of our whole debt. Our foreign debt will be
then a bagatelle.

I think it probable that Vermont will be made independent, as I
am told the State of New York is likely to agree to it. Maine
will probably, in time, be. also permitted to separate from Massa-
chusetts. As yet, they only begin to think of it. Whenever the
people of Kentucky shall have agreed among themselves, my
friends write me word, that Virginia will consent to their separation.
They will constitute the new State on the south side of Ohio,
joining Virginia. North Carolina, by an act of their Assembly,
ceded to Congress all their lands westward of the Alleganey. The
people inhabiung that territory, thereon declared themselves inde-
pendent, called their State by the name ol Franklin, and solicited
Congress to be received into the Union. But before Congress
met, North Carolina (for what reasons I could never learn) re-
sumed their cession. The people, however, persist; Congress
recommend to the State to desist from tlieir opposition, and I
have no doubt they will do it. It will, therefore, result from tlie
act of Congress laying off tlie western country into new States,
that these States will come into the Union in the manner tlierjein
provided, and without any disputes as to their boundaries.

I am told that some hostile transaction by our people at the
Natchez, against the Spaniards, has taken place. If it be fact,
Congress will certainly not protect them, but leave them to be
chastised by the Spaniards, saving the right to tlie territory. A
Spanish minister being now with Congress, and both parties inte-
rested in keeping tlie peace, I tliink, if such an event lias happen-
ed, it will be easily arranged.

I told you when here, of tlie propositions made by Congress to
the States, to be authorised to make certain regulations in their
commerce ; and, that from the disposition to strengthen the hands
of Congress, which was then growing fust, 1 thought they would con-
sent to it. Most of them did so, and 1 suppose all of them would

m

^•^•h^

%

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.310

have done it, if they have not actually done it, but that events
proved a much more extensive power would be requisite. Con-
gress have, therefore, desired to be invested with the whole regula-
tion of their trade, and for ever : and to prevent all temptations to
abuse the power, and all fears of it, they propose that whatever
monies shall be levied on commerce, either for the purpose
of revenue, or by way of forfeitures or penalty, shall go directly
into the coffers of the State wherein it is levied, without being
touched by Congress. From the present temper of the States,
and the conviction which your country has carried home to their
minds, that there is no other method of defeating the greedy at-
tempts of other countries to trade with them on unequal terms, I
tliink they will add an article for this purpose to their Confedera-
tion. But the present powers of Congress over the commerce of
the States, under the Confederation, seem not at all understood
by your ministry. They say that body has no power to enter into
a treaty of commerce ; why then make one ? This is a mistake.
By tlie sixth article of the Confederation, the States renounce,
individually, all power to make any treaty, of whatever nature,
with a foreign nation. By the ninth article, they give the
power of making treaties wholly to^ Congress, with two reserva-
tions only. 1 . That no treaty of commerce shall be made, which
shall restrain the legislatures from making foreigners pay the same
imposts with their own people : nor 2. from prohibiting the ex-
portation or importation of any species of merchandise, which they
might think proper. Were any treaty to be made which should
violate either of these two reservations, it would be so far void.
In the treaties, thereforie, made with France, Holland, &;c. this
has been cautiously avoided. But are these treaties of no advan-
tage to these nations ? Besides the advantages expressly given by
them, there results another, of great value. The commerce of
those nations with the United States, is thereby under the pro-
tection of Congress, and no particular State, acting by fits and
starts, can harass the trade of France, Holland, &;c. by such mea-
sures as several of them have practised against England, by load-
ing her merchandise with partial imposts, refusing admittance to
it altogether, excluding her merchants, &.c. &,c. For you tvill
observe, that though by the second reservation before mentioned,
they can prohibit the importation of any species of merchandise, as,
for instance, though they may prohibit the importation of wines in
general, yet they cannot prohibit that of French wines in particu-
lar. Another advantage is, that the nations having treaties with
Congress, can and do provide in such trej\ties for the admission
of their consuls, a kind of officer very necessary for the regulation

are
ours,
has
die
yet u
in th(

^

events
Con-
egula-
ions to
latever
lurpose
lirectly
i being
States,
to their
iedy at-
terms, 1
ifedera-
nevce of
[ierstood
nter into
mistake,
enounce,
: nature,
give the
reserva-
ie, which
the same
the ex-
lich they
h should
far void.
he. this
10 advan-
given by
imerce of
the pro-
y fits and
iuch mea-
by load-
ittance to
you <viU
jentioned,
an'Use, as,
wines in
tn particu-
?,aties with
admission
regulation

1

311

and protection of commerce. You know that a consul is the
creature of treaty. No nation without an agreement, can place an
officer in another country, with any powers or jurisdiction what-
ever. But as the States have renounced the separate power of
making treaties with foreign nations, they cannot separately re-
ceive a consul : and as Congress have, by die Confederation, no
immediate jurisdiction over commerce, as they have only a power
of bringing that jurisdiction into existence by entering into a treaty,
till such treaty be entered into. Congress themselves cannot re-
ceive a consul. Till a treaty then, there exists no power in any
part of our government, federal or particular, to admit a consul
among us : and if it be true, as the papers say, that you have lately
seni one over, he cannot be admitted by any power in existence, to
an exercise of any function. Nothing less than a new article, to be
agreed to by all the States, would enable Congress, or the particu-
lar States, to receive him. You must not be surprised then, if he
be not received.

I think I have by this time tired you with American politics,
and will therefore only add assurances of the sincere regard and
esteem, with which I have the honor to be. Dear Sir, , ,

your most obedient humble servant, '

Th: Jefferson.

"\\

LETTER CV.

TO BARON GEISMER.

♦

Paris, September 6, 1785

Dear Sir,

Your letter of March the 28th, which I received about a month
after its date, gave me a very real pleasure, as it assured me of an
existence which I valued, and of which I had been led to doubt.
You are now too distant from America, to be much interested in
what passes there. From the London gazettes, and the papers
copying them, you are led to suppose that all there is anarchy,
discontent and civil war. Nothing, however, is less true. There
are not, on the face of the earth, more tranquil governments than
ours, nor a happier and more contented people. Their commerce
has not as yet found the channels, which tlieir new relations with
the world will offer to best advantage, and the old ones remain as
yet unopened by new conventions. This occasions a stagnation
in tlie sale of their produce, the only truth among all the circum-

1^-

■m

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^'

312

li

Et ^

Stances published about them. Their hatred against Great Bri-
tain, having lately received from that nation new cause and new-
aliment, has taken a new spring. Among the individuals of your
acquaintance, nothing remarkable has happened. No revolution
in the happiness of any of them has taken place, except iliat of the
loss of their only child to Mr. and Mrs. Walker, who, however,
left them a grand child for their solace, and that of your hum-
ble servant, who remains with no other family than two daughters,
the elder here, (who was of your acquaintance) the younger in
Virginia, but expected here the next summer. The character in
which I am here, at present, confines me to this place, and will
confine me as long as I continue in Europe. How long this
will be, I cannot tell. I am now of an age which does not easily
accommodate itself to new manners and new modes of living : and
I am savage enough to prefer the woods, the wilds, and the inde-
pendence of Monticello, to all the brilliant pleasures of this gay
Capital. I shall, therefore, rejoin myself to my native country, with
new attachments, and with exaggerated esteem for its advantages;
for though there is less wealth there, there is more freedom, more
ease, and less misery. I should like it better, however, if it could
tempt you once more to visit it : but that is not to be expected. Be
this as it may, and whether fortune means to allow or deny me
the pleasure of ever seeing you again, be assured that the worth
which gave birth to my attachment, and which still animates it,
will continue to keep it up while we both live, and that it is with
sincerity I subscribe myself, D«?ar Sir,

your friend and servant,

Th: Jefferson.

LETTER dvi.

TO JOHN LANGDON.

Paris, September 11, 1785.

Dear Sir,

Your Captain Yeaton being here, furnishes me an opportunity
of paying the tribute of my congratulations on your appointment to
the government of your State, which 1 do sincerely. He gives
me the grateful intelligence of your health, and that of Mrs. Lang-
don. Anxious to promote your service, and believing he could do
it by getting himself naturalized here, and authorised to command
your vessel, he came from Havre to Paris. But on making the
best inquiries ! could, it seemed that the time requisite to go through

ter,
all
cou
Mrj

•f.

313

with this business, would be much more tlian he could spare. He
therefore declined it. I wish it were in my power to give you a
hope that our commerce, either with this country, or its islands,
was likely to be put on a better footing. But if it be altered at all,
it will probably be for the worse. The regulations respecting their
commerce are by no means sufficiently stable to be relied on.

Europe is in quiet, and likely to remain so. The affairs of the
Emperor and Dutch are as good as settled, and no other cloud
portends any immediate storm. You have heard much of American
vessels taken by the Barbary jiirales. The Emperor of Morocco
took one last winter, (the brig Betsey from Philadelphia ;) he did
not however reduce the crew to slavery, nor confiscate the vessel
or cargo. He has lately delivered up the crew on the solicitation
of the Spanish court. No other has ever been taken by them.
There are, indeed, rumors of one having been lately taken by tlie
Algerines. The fact is possible, as there is nothing to hinder their
taking them, but it is not as yet confirmed. I have little doubt,
that we shall be able to place our commerce on a popular fooUng
with the Barbary States, this summer, and thus not only render
our navigation to Portugal and Spain safe, but open the Mediter-
ranean as formerly. In spite of treaties, England is still our ene-
my. Her hatred is deep rooted and cordial, and nothing is want-
ing with her but the power, to wipe us and the land we live on
out of existence. Her interest, however, is her ruling passion :
and the late American measures have struck at that so vitally, and
with an energy, too, of which she had thought us quite incapable,
that a possibility seems to open of forming some arrangement with
her. When they shall see decidedly, that, without it, we shall
suppress tlieir commerce with us, they will be agitated by their
avarice, on the one hand, and their hatred and tiieir fear of us, on
the other. The result of this conflict of dirty passions is yet to be
awaited. The body of ths people of this country love us cordially.
But ministers and merchants love no body. The merchants here,
are endeavoring to exclude us from their islands. The ministers
will be governed in it by political moUves, and will do it, or not do
it, as these shall appear to dictate, without love or hatred to any
body. It were to be wished that they were able to combine "bet-
ter, the various circumstances which prove, beyond a doubt, that
all the advantages of their colonies result, in the end, to the mother
country. I pray you to present me in the most friendly terms to
Mrs. Langdon, and to be assured of tlie esteem with which I am„
your Excellency's most obedient

and most humble servant,
. . li^- Th: Jeffekson*

VOL. I. 40 «

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314

LETTER CVII.

TO LISTER ASqUITH.

Sir,

Paris, September 14, 1785.

Several of your letters have been received, and we have been
occupied in endeavors to have you discharged : but these have
been ineffectual. If our information be right, you are mistaken in
supposing you are already condemned. The Farmers General
tell us, you are to be tried at Brest, and this trial may perhaps be
a month hence. From that court you may appeal to the Parlia-
ment of Rennes, and from that, to the King in Council. They
say, that from the depositions sent to them, there can be no doubt
you came to smuggle, and that, in that case, the judgment of
the law, is a forfeiture of the vessel and cargo, a fine of a thousand
livres on each of you, and six years condemnation to the gallies.
These several appeals will be attended with considerable expense.
They offer to discharge your persons and vessel, (but not the cargo)
on your paying two thousand livres, and the costs already incur-
red ; which are three or four hundred more. You will therefore
choose, whether to go through the trial, or to compromise, and you
are the best judge, what may be the evidence for dr against you.
In either case, I shall render you all the service I can. I will add,
that if you are disposed to have the matter tried, I am of opinion,
that, if found against you, there will be no danger of their seniing
you to the gallies ; so that you may decide what course you will
take, without any bias from that fear. If you choose to compro-
mise, I will endeavor to have it done for you, on the best terms
we can. I fear they will abate litde from the two thousand livres,
because Captain Deville, whom you sent here, fixed the matter by
offering that sum, and has done you more harm than good. I
shall be glad, if you will desire your lawyer to make out a state of
your case, (which he may do in French) and send it to me. Write
me also yourself, a plain and full narration of your voyage, and the
* circumstances which have brought so small a vessel, with so small
a cargo, from America into France. As far as we yet know them,
they are not in your favor. Inform me who you are, and what
papers you have on board. But do not state to me a single fact
which is not true : for if I am led, by your information, to advance
any thing which they shall prove to be untrue, 1 will abandon your
case from that moment : whereas, sending me a true statement, I
will make the best of it I can. Mr. Barclay, the American con-

315

sul, will be here some few days yet. He will be, as he has al-
ready been, of much service to you, if the information I ask bodi
from yourself and your lawyer, can come before his departure. I
repeat my assurances of doing whatever I can for you, and am, Sir,

., your very humble servant,

• ,v Th: Jefferson.

LETTER CVIII,

TO JOHN ADAMS.

S*

if

, . Paris, September 19, 1785.

Dear Sir,

Lambe has arrived. He brinj;;;'^ new full powers to us from
Congress, to appoint person? to negotiate with die Barbary States ;
but we are to sign the treaties. Lambe has not even a recom-
mendation from them to us, but it seems clear that he would be
approved by them. I told him of Mr. Barclay's appointment to
Morocco, and proposed Algiers to him. He agrees. A small
alteration in the form of our despatches- will be necessary, and, of
course, another courier shall be despatched to you on the return of
Colonel Franks, for your pleasure herein.
I am, with great esteem,
' your friend and servant,

% , Th: Jefferson.*

letter cix.
to james madison.

can con-

' - Paris, September 20, 1785.

Dear Sir,

By Mr. Fitzhugh, you will receive my letter of the first instant.
He is still here, and gives me an opportunity of again addressing
you much sooner than I should have done, but for the discovery
of a great piece of inattention. In that letter I send you a detail
of the cost of your books, and desire you to keep the amount
in your hands, as if I had forgot that a part of it was in fact your
own, as being a balance of what I had remained in your debt. I

[* The original of the above was in cypher ; though, as in the case of most
of the Author's letters in cypher, he prepared and preserved a literal copy of it.]

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316

really did not attend to it in the moment of writing, and when it
occurred lo me, I revised my memorandum book from the time of
our being in Philadelphia together, and stated our account from
the beginning, lest I should forget or mistake any part of it. I
enclose you this statement. You will always be so good as to let
me know, from time to time, your advances for me. Correct
with freedom all my proceedings for you, as, in what I do, 1 have
no otlier desire than that of doing exactly what will be most plea-
sing to you.

I received this summer a letter from Messrs. Buchanan and
Hay, as Directors of the public buildings, desiring I would have
drawn for them, plans of sundry buildings, and, in the first place, of
a capitol. They fixed, for their receiving this plan, a day which
was within about six weeks of that on which their letter came to my
hand. I engaged an architect of capital abilities in this business.
Much time was requsite, after the external form was agreed on, to
make the internal distribution convenient for the three branches of
government. This lime was much lengthened by my avocations
to other objects, which I had no right to neglect. The plan how-
ever was settled. The gentlemen had sent me one which they
had thought of. The one agreed on here, is more convenient,
more beautiful, gives more room, and will not cost more than two
thirds of what that would. We took for our model what is called
the Maison quance of Nismes, one of the most beautiful, if not
the most beautiful and precious morsel of architecture left us by an-
tiquity. It was built by Caius and Lucius Caesar, and repaired
by Louis XIV., and has the suffrage of all the judges of ar-
chitecture, who have seen it, as yielding to no one of the beautiful
monuments of Greece, Rome, Palmyra, and Balbec, which late
travellers have communicated to us. It is very simple, but it is
noble beyond expression, ani^ would have done honor to our coun-
try, as presenting to travellers a specimen of taste in our infancy,
promising much for our maturer age. I have been much mortified
with information, which I received two days ago from Virginia,
that the first brick of the capitol would be laid within a few days.
But surely, the delay of this piece of a summer would have been
repaired by the savings in the plan preparing here, were w to
value its other superiorities as notliing. But bow is a taste in this
beautiful art to be formed in our countrymen, unless we avail our-
selves of every occasion when public buildings are to be erected,
of presenting to them models for their study and imitation? Pray
try if you can effect the stopping of this work. I have written
also to E. R. on the subject. The loss will be only of the laying
the bricks already laid, or a part of them. The bricks themselves

317

will do again for the interior walls, and one side wall and one end
wall may remain, as they will answer equally well for our plan.
This loss is not to be weighed against the saving of money which
will arise, against the comfort of laying out the public money for
something honorable, the satisfaction of seeing an object and proof
of national good taste, and the regret and mortification of erecting
a monument of our barbarism, which will be loaded with execra-
tions as long as it shall endure. The plans are in good forward-
ness, and I hope will be ready within three or four weeks. They
could not be stopped now, but on paying their whole price, which
will be considerable. If the undertakers are afraid to undo what
they have done, encourage them to it by a recommendation from
the Assembly. You see I am an enthusiast on the subject of the
arts. But it is an enthusiasm of which I am not ashamed, as its
object is to improve the taste of my countrymen, to increase their
reputation, to reconcile to them the respect of the world, and pro-
cure them its praise.

I shall send off your books, in two trunks, to Havre, within two
or three days, to the care of Mr. Limozin, American agent there.
I will advise you, as soon as I know by what vessel he forwards
them. Adieu. '

Your's affectionately,

Th : Jefferson.

: W*f

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LETTER ex.

TO EDMUND RANDOLPH.

'■■^

ginia,
days.

been
w^ to
in this
il our-
ected,

Pray
vritten
laying
iselves

Paris, September 20, 1785.

Dear Sir,

Being in your debt for ten volumes of Bufibn, I have endea-
vored to find something that would be agreeable to you to receive,
in return. I therefore send you, by way of Havre, a dictionary
of law natural and municipal, in thirteen volumes 4to., called le
Code de I'humanite. It is published by Felice, but written by
him and several other authors of established reputation. It is an
excellent vv^ork. I do not mean to say, that it answers fully to its
title. That would have required fifty times the volume. It wants
many articles which the title would induce us to seek in it. But
the articles which it contains are well written. It is better than
the voluminous Dictionnaire diplomatique, and better also than the
same branch of tlie Encyclopedic methodique. There has been

318

notliing published here, since I came, of extraordinary merit. Tlic
Encyclopedie methodique, which is coming out, from time to time,
must be excepted from tliis. It is to be had at two guineas less
than the subscription price. I shall be happy to send you any
thing in this way which you may desire. French books are to be
bought here, for two thirds of what they can in England. Eng-
lish and Greek and Latin authors, cost from twenty-five to fifty
per cent, more here than in England.

I received, some time ago, a letter from Messrs. Hay and Bu-
chanan, as Directors of the public buildings, desiring I would have
plans drawn for our public buildings, and in the first place, for the
capitol. I did not receive their letter till within about six weeks
of the time they had fixed on, for receiving the drawings. Never-
theless, I engaged an excellent architect to comply witli their de-
sire. It has taken much dme to accommodate the external adopt-
ed, to the internal arrangement necessary for the three branches
of government. However, it is effected on a plan, which, with a
great deal of beauty and convenience within, unites an external
form on die most perfect model of antiquity now existing. This
is the Maison quarree of Nismes, built by Caius and Lucius Caesar,
and repaired by Louis XIV., which, in die opinion of all who have
seen it yields, in beauty, to no piece of architecture on earth.
The gentlemen enclosed me a plan of which they had thought.
The one preparing here, will be more convenient, give more room,
and cost but two thiids of that : and as a piece of architecture,
doing honor to our country, will leave nothing to be desired. The
plans will be ready soon. But, two days ago, I received a letter
from Virginia, informing me the first brick of the capitol would be
laid within a few days. This morufics me extremely. The de-
lay of this summer, would have been amply repaid by the supe-
riority and economy of the plan preparing here. Is it impossible
to Slop the work where it is? You will gain money by losing what
is done, and general approbation, instead of occasioning a regret,
which will endure as long as your building does. How is a taste
for a chaste and good style of building to be formed in our coun-
trymen, unless we seize all occasions which the erection of public
buildings offers, of presenting to them models for their imitation ?
Do, my Dear Sir, exert your influence to stay the further progress
of the work, till you can receive these plans. You will only lose
the price of laying what bricks are already laid, and of taking part
of them asunder. They will do again for the inner walls. A
plan for a prison will be sent at the same time.

Mazzel is here, and in pressing distress for money. I have
helped him as far as I have been able, but particular circumstan-

u

" 319

ces put it out of my power to do more. He is looking witli anx-
iety to the arrival of every vessel, in hopes of relief through your
means. If he does not receive it soon, it is difHcult to foresee his
fate.

The quiet which Europe enjoys at present, leaves nothing to
communicate to you in the political way. The Emperor and
Dutch still differ about the quantum of money to be paid by the
latter ; they know not for what. Perhaps their internal convulsions
will hasten them to a decision. France is improving her navy, as
if she were already in a naval war : yet I see no immediate pros-
pect of her having occasion for it. England is not likely to offer
war to any nation, unless, perhaps to ours. This would cost us
our whole shipping : but in every other respect, we might flatter
ourselves witli success. But the most successful war seldom pays
for its losses. I shall be glad to hear from you when convenient,
and am, with much esteem, Dear Sir,

your friend and servant,
/ Th: Jefferson.

||;|

II

LETTER CXI.

TO JOHN ADAMS.

' „ Paris, September 24, 1785.

Dear Sir, • .

I have received your favor of the 18th, enclosing your compli-
ments on your presentation. The sentiments you therein express-
ed, were such as were entertained in America till the commercial
proclamation, and such as would again return, were a rational con-
duct to be adopted by Great Britain. I think, tlierefore, you by
no means compromitted yourself or our country, nor expressed
more than it would be our interest to encourage, if they were dis-
posed to meet us. I am pleased, however, to see the answer of
the King. It bears the marks of suddenness and surprise, and as
he seems not to have had time for reflection, we may suppose he
was obliged to find his answer in the real sentiments of his heart,
if that heart has any sentiment. 1 have no doubt, however, that it
contains the real creed of an Englishman, and that the word which
he has let escape, is the true word of the enigma. ' The moment
I see such sentiments as yours prevail, and a disposition to give this
country the preference, I will, &tc.' All tliis I steadfastly believe.
But the condition is impossible. Our interest calls for a perfect

I.Mr

320 '

«.

equality in our conduct towards these two nations ; but no prefer-
ences any where. If, however, circumstances siiould ever oblige
us to show a preference, a respect for our character, if we had no
better motive, would decide to which it should he given.

My letters from members of Congress render it doubtful, whether
they would not rather that full time should be given for the present
disposition of America to mature itself, and to produce a perma-
nent improvement in the federal constitution, rather dian, by re-
moving the incentive, to prevent the improvement. It is certain
that our commerce is in agonies at present, and that these would
be relieved by opening the liritish ports in the West Indies. It
remains to consider, whether a temporary continuance under these
sufferings woi d be paid for, by the amendment it is likely to pro-
duce. However, I believe there is no fear that Great Britain will
puzzle us, by leaving it in our choice to hasten or delay a treaty.

Is 'nsurance made on Houdon's life ? I am uneasy about it, lest
we should hear of any accident. As yet there is no reason to
doubt their safe passage. If the insurance is not made, I will pray
you to liave it done immediately.

As I have not received any London newspapers as yet, I am
obliged to ask you what is done as to them, lest the delay should
proceed from some obstacle to be removed.

There is a Mr. Thompson at Dover, who has proposed to me
a method of getting them post free : but I have declined resorting
to it, till I should know in what train the matter is at present.

I have the honor to be, with the most perfect esteem, Dear Sir,

your friend and servant,

Th: Jefferson.

LETTER CXIl.

TO JOHN ADAMS.

Paris, September 24, 1785.
Dear Sir,
My letter of September the 19th, written the morning after
Mr. Lambe's arrival here, will inform you of that circumstance.
I transmit you herewith, copies of the papers he brought to us on
the subject of the Barbary treaties. You will see by them, that
Congress have adopted the very plan which we were proposing to
pursue. It will now go on with less danger of objection from
the other parties. The receipt of these new papers, therefore,
has rendered necessary no change, in matter of substance, in the

321

despatches we had prepared. Hut they render some formal
changes necessary. For instance, in our letter of credence for
Mr. Barclay to the Emperor of Morocco, it becomes improper to
enter into tliose explanations which seemed proper when that let-
ter was drawn ; because Congress, in their letter, enter into those
explanations. \\\ the letter to the Count do Vergennes, it became
proper to mention the new full powers received from Congress,
and which, in some measure, accord with the idea communicated
by him to us, from the Marcchal do Castries. These and odier
formal alterations, which appeared necessary to me, I have made,
leaving so much of the original draughts, approved and amended
by you, as were not inconsistent with these alterations. 1 have
therefore had these prepared fair, to save you the trouble of copy-
ing; yet, wherever you choose to make alterations, you will be so
good as to make them ; taking, in diat case, the trouble of having
new fair copies made out.

You will perceive by Mr. Jay's letter, that Congress had not
thought proper to give Mr. Larnbe any appointment. I imagine
diey apprehended it might interfere witli measures actually taken
by us. Notwithstanding the perfect freedom which they are pleas-
ed to leave to us, on this subject, I cannot feel myself clear of that
bias, which a presumption of their pleasure gives, and ought to
give. I presume Uiat Mr. Lambe met their approbation, because
of the recommendations he carried from the Governor and State
of Connecticut, because of his actual knowledge of the country
and people of the States of Barbary, because of the detention of
these letters from March to July, which, considering their pressing
nature, would otherwise have been sent by other Americans, who,
in the mean time, have come from New York to Paris ; and be-
cause too, of the information we received by Mr. Jarvis. These
reasons are not strong enough to set aside our appointment of Mr.
Barclay to Morocco : that I tliink should go on, as no man could
be sent who would enjoy more the confidence of Congress. But
they are strong enough to induce me to propose to you die ap-
pointment of Lambe to Algiers. He has followed for many years
the Barbary trade, and seems intimately acquainted with those
States. I have not seen enough of him to judge of his abilities.
He seems not deficient, as far as I can see, and the footing on
which he comes, mist furnish a presumption for what we do not
see. We must say the same as to his integrity ; we must rely for
this on tlie recommendations he brings, as it is impossible for us to
judge of this for ourselves. Yet it will be our duty to use such
reasonable cautions as are in our power. Two occur to me. 1.
To give him a clerk capable of assisting and attending to his pro-

VOL. I. 41

V

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322

Ceedings, and wlio, in case he thouj^lit any thing was going amiss,
might give us information. 2. Not to give him a credit on Van Stnp-
horst and Willinck, hut let his drafts he machi on yourself, which,
with the knowledge you will have of iiis proceedings, nill onahle
you to check them, if you are sensihle of any ahuse intenchnl.
This will give you trouble; hut as I have never found you declin-
ing trouble, when it is necessary, I venture to propose it. I hope
it will not expose you to inconvenience, as hy instructing Tvamhc
to insert in his drafts a proper usance, you can, in the nunm time,
raise the money for them by drawing on Holland. I must inform
you that Mr. Uarclay wishes to be put on the same footing with
Mr. Lambe, as to this article, and dierefore I return you your let-
ter of credit on Van Staphorst h Co. As to the first article, there
is great difficulty. There is nobody at Paris fit for the undertak-
ing, who would be likely to accept it. I mean there is no Ame-
rican, for I should be anxious to place a native in the trust. Per-
haps, you can send us one from London. There is a Mr. Ran-
dall there, from New York, whom Mr. Barclay thinks might be
relied on very firmly, for integrity and capacity. He is there for
his healdi ; perhaps you can j)crsuade him to go to Algiers in pur-
suit of it. If you cannot, I really know not what will be done.
It is impossible to propose to Bancroft to go in a secondary capa-
city. Mr. Barclay and myself have thought of Cairnes, at L'Orient,
as a den.'er resort. But it is uncertain, or rather improbable,
that he will undertake it. You will be pleased, in the first place,
to consider of my proposition to send Lambe to Algiers ; and in die
next, all the circumstances before detailed, as consequences of
that.

The enclosed letter from Richard O'Bryan, furnishes powerful
motives for commencing, by some means or other, the treaty widi
Algiers, more immediately than would be done, if left on Mr.
Barclay. You will perceive by diat, that two of our vessels, widi
their crews and cargoes, have been carried captive into that port.
What is to be done as to those poor people ? I am for hazarding
the supplementary instruction to Lambe, which accompanies these
papers. Alter it, or reject it, as you please. You ask what I
think of clainriing the Dutch interposition. I doubt the fidelity of
any interposition too much, to desire it sincerely. Our letters to
this court, heretofore, seemed to oblige us to communicate widi
them on the subject. If you think die Dutch would take amiss
our not applying to them, 1 will join you in the application.
Otherwise, the fewer who are apprised of our proceedings, die
better. To communicate them to die States of Holland, is to
communicate them to the whole world.

323

Mr. Short returned last night, and brought the Prussian treaty,
duly executed in Ktiglish and French. Wo may send it to Con-
gress l>y tlie Mr. Fitzhiiglis, going from hence. Will you draw
and sign a short letter for that purpse ? I send yc-.i a c<)|)y of n
letter received from the Marcpiis Fayette. In the |)re.sent unsettled
state of American commerce, I luul as lieve avoid all further trea-
ties, except vvidi American powers. If Count Merci, therefore,
does not propose the suhject to me, I shall not to hi ; do

more than decency requires, if he does pro^joso it. I • i with
great esteem, Dear Sir,

your most ohedient humble servant,

Tii: JcFrERSoN.

LETTER CXIII.

TO F. HOPKINSON.

Paris, Soptembor 25, 1785.

Dear Sir,

My last to you was of the Gth of July. Since that, I have re-
ceived yours of July the 23rd. I do not altogether despair of
making some ling of your method of quilling, though, as yet, the
prospect is not favorable. I applaud much your perseverance in
improving this instrument, and benefiting mankind almost in spite
of their teeth. I mentioned to Piccini the improvement with which
I am entrusted. He plays on the piano forte, and therefore did
not feel himself personally interested. I hope some better oppor-
tunity will yet fall in my way of doing it justice. I had almost
decided, on his advice, to get a piano forte for my daughter; but
your last letter may pause me, till I see its effect.

Arts and arms are alike asleep for the moment. Ballooning
indeed goes on. There are two artists in the neighborhood of
Paris, who seem to be advancing towards the desideratum in this
business. They are able to rise and fall at will, without expend •
ing their gas, and to deflect forty-five degrees from the course of
tlie wind.

I desired you, in my last, to send the newspapers, notwithstand-
ing the expense. I had then no idea of it. Some late instances
have made me perfectly acquainted with it. I have therefore been
obliged to adopt the following plan. To have my newspapers,
from the different States, enclosed to the office for Foreign Affairs,
and to desire Mr. Jay to pack the whole in a box, and send it by
the packet as merchandise, directed to tlie American consul at

m?,

324

L'Orient, who will forward it to me by the periodical wagons. In
this way, they will only cost me livres where they now cost me
guineas. I must pray you, just before the departure of every
French packet, to send my papers on hand, to JMr. Jay, in this
way. I do not know whether I am subject to American postage
or not, in general ; but I think newspapers never are. I have
sometimes thought of sending a copy of my Notes, to the Philo-
sophical Society, as a tribute due to them : but this would seem as
if I considered them as worth something, which I am conscious
they are not. I will not ask you for your advice « i this occasion,
because 't is one of tiiose, on whicli no man is authoi. '^d to ask a
sincere opinion. I shall therefore refer it to further Uioughts.
I am, with very sincere esteem, Dear Sir,

your friend and servant,

Th: Jefferson.

LEVTJiK CXIV.

TO LISTER ASQUITH.

Sir,

Paris, September 2G, 17S5.

I have received your letter of September the 19th, with your
log-book and other papers. I now wait for the letter from your
lawyer, as, till 1 know the real nature and state of your process, it
is impossible for me to judge what can be done for you here. As
soon as I receive them, you shall hear from me. In the mean time,
I sujvposed it would be a comfort to you to know, that your papers
hud come safe to hand, and that I shall be attentive to do what-
ever circumstances -^ ;M admit.

I am. Sir, your very humble servant,

Th: Jefferson.

LETTER CXV.

TO R. IZARD.

Paris, September £3, 1785.

Dear Sir,

I received, a few days ago, your favor of the lOth of June, and
am to dif.nk you for the trouble you have given yourself, to pro-
cure me information on the subject of the commerce of your

325

PERSON.

State. I pray you also, to take the trouble of expressing my ac-
knowledgments to the Governor and Chamber of Commerce, as
well as to Mr. Hall, for tlie very precise details on this subject,
widi which they I'.ave been pleased to honor me. Your letter of
last January, of which you make mention, never came to my
hands. Of course, die papers now received are the first and only
ones which have come safe. The infidelities of die post offices,
both of England and France, are not unknown to you. The
former are tlie most rascally, because they retain one's letters, not
choosing to take the trouble of copying them. The latter, when
they have taken copies, are so civil as to send the originals, re-
sealed clumsily with a composition, on which they have previously
taken the impression of the seal. England shews no dispositions to
enter into friendly connections with us. On the contrary, her de-
tention of our posts, seems to be the speck which is to produce a
storm. I judge that a war witli America would be a popular war
in England. Perhaps the situation of Irelan'd may deter the min-
istry from hastening it on. Peace is at lengdi made between the
Emperor and Dutch. The terms are not published, but it is said,
he gets ten millions of florins, the navigation of die Scheldt not
quite to Antwerp, and two forts. However, this is not to be ab-
solutely relied on. The league formed by die King of Prussia
against the Emperor, is a most formidable obstacle to his ambitious
designs. It certainly has defeated his views on Bavaria, and will
render doubtful die elecdon of his nejihew to be King of the Ro-
mans. Matters are not yet settled between him and the Turk.
In truth, he undertakes too much. At home he has made some
good regulations.

Your present pursuit being (the wisest of all) agriculture, I am
not in a situation to be useful to it. You know that France is not
the country mosi celebrated for Uiis art. I went the other day to
see a plough which was to be worked by a windlass, without horses
or oxen. It was a poor affair. Widi a very troublesome appa-
ratus, applicable only to a dead level, four men could do die work
of two horses. There seems a possibility that the great desidera-
tum in the use of die balloon may be obtained. There are two
persons at Javel (opposite to Auteuil) who are pushing this matter.
They are able to rise and fall at will, without expending their gas,
and diey can deflect forty-five degrees from die course of die
wind.

I took die liberty of asking you to order me a Charleston
newspaper. The expense of French postage is so enormous, diat
I have been obliged to desire diat my newspapers, from the dif-
ferent States, may be sent to the office for Foreign Affairs at New

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York; and I have requested of Mr. Jay to have them always
packed in a box, and sent by the French packets as merchandise,
to the care of the American consul at L'Orient, who will send
them on by the periodical wagons. Will you permit me to add
this to the trouble I have before given you, of ordering tlie printer
to seild them, under cover to Mr. Jay, by such opportunities by
water, as occur from time to time. This request must go to the
acts of your Assembly also. I shall be on the watch to send you
any thing that may appear here on tlie subjects of agriculture or
the arts, which may be worth your perusal. I sincerely congra-
tulate Mrs. Izard and yourself, on die double accession to your
family by marriage and a new birdi. My daughter values much
your remembrance of her, and prays to have her respects pre-
sented to tlie ladies and yourself. In this I join her, and shall
embrace with pleasure every opportunity of assuring you of the
sincere esteem, with which I have the honor to be, Dear Sir,
your most obedient and

most humble servant,

Th: Jefferson.

LETTER CXVI.

TO RICHARD O BRYAN.

Sir,

Fails, September 29, 1785,

I have received your letter, and shall exert myself for you.
Be assured of hearing from me soon : but say nothing to any body,
except what may be necessary to comfort your companions. I
add no more, because die fate of this letter is uncertain. I am. Sir,

your very humble servant,

Th: Jefferson.

LETTER CXVII.

to MR. BELLINI.

Paris, September 30, 1785.

Dear Sir,

Your estimable favor, covering a letter to Mr. Mazzei, came to
hand on the 2Gth instant. The letter to Mr. Mazzei was put into
his hands in the same moment, as he happened to be present. I

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leave to him to convey to you all his conij)laints, as it will be more
agreeable to me to express to you the satisfaction I received, on
being informed of your perfect health. Tliough I could not re-
ceive the same pleasing news of Mrs. Bellini, yet the philosophy
with which I am told she bears the loss of health, is a testimony
the more, how much she deserved the esteem I bear her. Behold
me at length on the vaunted scene of Europe ! It is not necessary
for your information, that I should enter into details concerning it.
But you are, perhaps, curious to know how this new scene has
struck a savage of the mountains of America. Not advantageously,
I assure you. I find the general fate of humanity here, most de-
plorable. The truth of Voltaire's observation, offers itself per-
petually, that every man here must be eiUier the hammer or the
anvil. It is a true picture of that country to which they say we
shall pass hereafter, and where we are to see God and his angels
in splendor, and crowds of the damned trampled under their feet.
While the great mass of the people are thus suffering imder physi-
cal and moral oppression, I have endeavored to examine more
nearly the condition of the great, to appreciate the true value of
die circumstances in their situation, whicli dazzle the bulk of
spectators, and, especially, to compaie it with that degree of hap-
piness which is enjoyed in America, by every class of people. In-
trigues of love iDCCupy the younger, and those of ambition, the
elder part of the great. Conjugal love having no existence among
them, domestic happiness, of which that is the basis, is utterly un-
known. In lieu of this, are substituted pursuits which nourish and
invigorate all our bad passions, and which offer only moments of
ecstacy, amidst days and months of restlessness and torment. Much,
very much (uferior, this, to the tranquil, permanent felicity with
which domestic society in America, blesses most of its inhabitants;
leaving them to follow steadily those pursuits which health and
reason approve, and rendering truly delicious the intenals of tliose
pursuits.

In science, die mass of the people is two centuries behind ours ;
their Hterati, half a dozen years before us. Books, really good,
acquire just reputation in that time, and so become known to us,
and communicate to us all dieir advances in knowledge. Is not
this delay compensated, by our being placed out of die reach of
that swarm of nonsensical publications, which issues daily from a
thousand presses, and perishes almost in issuing ? With respect to
what are termed polite manners, without sacrificing too much die
sincerity of language, I would wish my countrymen to adopt just
so much of European politeness, as to be ready to make all those
little sacrifices of self, which really render European manners ami-

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able, id relieve society from the disagreeable scenes to which
rudeness often subjects it. Here, it seems that a man might pass
a life without encountering a single rudeness. In the pleasures of
the table tiiey are far before us, because, with good taste they
unite temperance. They do not terminate the most sociable meals
by transforming themselves into brutes. I Iiave never yet seen a
man drunk in France, even among the lowest of the people. Were
1 to proceed to tell you how much 1 enjoy their architecture, sculp-
ture, painting, music, 1 should want words. It is in these arts they
shine. The last of them, |)articularly, is an enjoyment, the de-
privation of which with us, cannot be calculated. 1 am almost
ready to say, it is the only thing which from my heart I envy them,
and which, in spite of all the authority ''the Decalogue, 1 do co-
vet. But I am running on in an estim • ^ of things infinitely better
known to you than to me, and which will only serve to convince
you, that I have brought with me all the ])rejudices of country,
habit and age. But whatever I may allow to be charged to me
as prejudice, in every other instance, I have one sentiment at least,
founded on reality : it is that of the perfect esteem which your
merit and that of Mrs. Bellini have produced, and which will for
ever enable me to assure you of the sincere regard, wiUi which I
am, Dear Sir,

your friend and servant,

Th: Jefferson.

LETTER CXVIII.

TO JAMES MADISON, of William and Mary College.

Paris, October 2, 1785.
Dear Sir,

I have duly received your favor of April the 10th, by Mr. Maz-
zei. You dierein speak of a new method of raising water by
steam, which you suppose will come into general use. I know of
no new method of that kind, and suppose (as you say that the
account you have received of it is very imperfect) that some per-
son has represented to you, as new, a fire engine erected at Paris,
and which supplies the greater part of the town with water. But
this is nodiing more than the fire engine you have seen described
in the books of hydraulics, and particularly in the Dictionary of
Ar o and Sciences, published in 8voj by Owen, the idea of which
was first taken from Papin's Digester. It would have been better
called the steam engine. The force of the steam of water, you

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know, is immense. In this engine, it is made to exert itself to-
wards the working of pumps. That of Paris, is, I believe, the
largest known, raising four hundred thousand cubic feet (French) of
water, in twenty-four hours : or rather, I should have S2iid, those rf
Paris, for there are two under one roof, each raising thf»r. quantity.

The Abbe Rochon not living at Paris, I have not had an op-
portunity of seeing him, and of asking him the questions you
desire, relative to the crystal of which I wrote you. I shall avail
myself of the earliest opportunity I can, of doing it. I shall cheer-
fully execute your commands as to the Encyclopedic, when I
receive them. The price will be only thirty guineas. About
half the work is out. The volumes of your Buffon which are
spoiled, can be replaced here.

I expect that this letter will be carried by the Mr. Fitzhughs, in a
ship from Havre to Portsmouth. I have therefore sent to Havre,
some books which I expected would be acceptable to you. These
are the Bibliotheque Physico-ceconomique, which will give you most
of the late improvements in the arts; the Connoissance des tems for
1786 and 1787, which is as late as they are published ; and some
pieces on air and fire, wherein you will find all the discoveries
hitherto made on these subjects. These books are made into a
packet, with your address on tliem, and are put into a trunk
wherein is a small packet for Mr. Wythe, another for Mr. Page,
and a parcel of books, without direction, for Peter Carr. I have
taken tlie liberty of directing the trunk to you, as the surest means
of its getting safe. I pay the freight of it here, so that there will
be no new demands, but for the transportation from the ship's side
to Williamsburg, which I w\\\ pray you to pay; and as much the
greatest part is for my nephew, I will take care to repay it to you.

In the last volume of the Connoissance des tems, you will find
the tables for the planet Herschel. It is a curious circumstance,
that this planet was seen thirty years ago by Mayer, and supposed
by him to be a fixed star. He accordingly determined a place
for it, in his catalogue of the zodiacal stars, making it the 964th
of that catalogue. Bode, of Berlin, observed in 1781, that this
star was missing. Subsequent calcjlations of the motion of the
planet Herschel, shew tliat it must have been, at the time of
Mayer's observation, where he had placed his 964th star.

Herschel has pushed his discoveries of double stars, now, to
upwards of nine hundred, being twice the number of those com-
municated in the Philosophical Transactions. You have probably
seen, that a Mr. Pigott had discovered periodical variations of light
in the star Algol. He has observed the same in the v of Antinous,
and makes the period of variation seven days, four hours, and
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thirty minutes, the duration of the increase sixty-three hours, and
of the decrease thirty-six hours. What are we to conclude from
this ? That there are auns which have their orbits of revolution
too ? But this would suppose a wonderful harmony in their
planets, and present a new scene, where tlie attracting powers
should be without, and not within the orbit. The motion of our
sun would be a miniature of this. But this must be left to you
astronomers.

I went some time ago, to see a machine which offers something
new. A man had applied to a light boat, a very large screw, the
thread of which was a thin plate, two feet broad, applied by its
edge spirally round a small axis. It somewhat resembled a bot-
tle brush, if you will suppose the hairs of the bottle brush joining
together, and forming a spiral plane. This, turned on its axis in
the air, carried the vessel across the Seine. It is, in fact, a screw
which takes hold of the air and draws itself along by it : losing,
indeed, much of its effort by the yielding nature of the body it
lays hold of, to pull itself on by. I think it may be applied in the
water, with much greater effect, and to very useful purposes.
Perhaps it may be used also for the balloon.

It is impossible but you must have heard long ago, of the machine
for copying letters at a single stroke, as we had received it in
America befoiO I left there. I have written a long letter to my
nephew, in whose education I feel myself extremely interested.
I shall rely much on your friendship for conducting him in the plan
I mark out for him, and for guarding him against those shoals, on
which youth sometimes shipwreck. I trouble yc to present to
Mr. Wythe my affectionate remembrance of liim, and am, with
very great esteem, Dear Sir,

your friend and servant,

Th : Jefferson.

LETTER CXIX.

TO DR. FRANKLIN.

Paris, October 5, 1785.

Dear Sir,

A vessel sailing from Havre to Philadelphia, furnishes the Messrs.
Fitzhughs with a passage to that place. To them, therefore, I
confide a number of letters and packets which I have received for
you from sundry quarters, aijd which, I doubt not, they will deliver

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safe. Among these is one from M. Du Plessis. On receipt of
your letter, in answer to the one I had written you, on tlie subject
of his memorial, I sent to M. La Motte, M. Chaumont, and
wherever else I thought there was a probability of finding out Du
Plessis' address. But all in vain. 1 meant to examine his me-
moir, as you desired, and to have it copied. Lately, he came
and brought it with him, copied by himself. He desired me to
read it, and enclose it to you, which 1 have done.

We have no public news worth communicating to you, but the
signing of preliminaries between the Emperor and Dutch. The
question is, then, with whom the Emperor will pick the next
quarrel. Our treaty with Prussia goes by this conveyance. But
it is not to be spoken of, till a convenient time is allowed for ex-
changing ratifications.

Science offers nothing new since your departure, nor any new
publication worth your notice. All your friends here are well.
Those in England, have carried you captive to Algiers. They
have published a letter, as if written by Truxen, the 20th of Au-
gust, from Algiers, stating the circumstances of tlie capture, and
that you bore your slavery to admiration. 1 happened to receive
a letter from Algiers, dated August the 24th, informing me that
two vessels were then there, taken from us, and naming the ves-
sels and captains. This was a sarisfactory proof to us, that you
were not there. The fact being so, we would have gladly dis-
pensed with the proof, as the situation of our countrymen there,
was described as very distressing.

Were I to mention all those who make inquiries after you, there
would be no end to my letter. I cannot, however, pass over those
of the good old Countess d'Hoditot, with whom I dined on Satur-
day, at Sanois. They were very affectionate. I hope you have
had a good passage. Your essay in crossing the channel, gave us
great hopes you would experience little inconvenience on the rest
of the voyage. My wishes place you in the bosom of your friends,
in good health, and with a well grounded prospect of preserving it
long, for your own sake, for theirs, and that of the world.

I am, with the sincerest attachment and respect. Dear Sir,
your most obedien* and

most humble servant,

Tii: Jefferson.

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LETTER CXX.

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TO SAMUEL OSGOOD.

Paris, October 5,

1785.

Dear Sir,

It was with very sincere pleasure, I heard of your appointment
to the board of treasury, as well from the hope that it might not be
disagreeable to yourself, as from the confidence lliat your adminis-
tration would be wise. I heartily wish the States may, by their
contributions, enable you to re-establish a credit, which cannot be
lower than at present, to exist at all. This is partly owing to their
real deficiencies, and partly to the lies propagated by tlie London
papers, which are probably paid for by the minister, to reconcile
tlie people to the loss of us. Unkickily, it indisposes them, at the
same time, to form rational connections with us. Should this pro-
duce the amendment of our federal constitution, of which your
papers give us hopes, we shall receive a permanent indemnification
for a temporary loss.

All things here, promise an arrangement between the Emperor
and Dutch. Their ministers have signed preliminary articles,
some of which, however, leave room for furdier cavil. The Dutch
pay ten millions of florins, yield some forts and territory, and tlie
navigation of the Scheldt to Saftingen. Till our treaty with Eng-
land be fully executed, it is desirable to us, that all die world should
be in peace. That done, their wars would do us httle harm.

I find myself under difficulties here, which I will take tlie liberty
of explaining to you as a friend. Mr. Carmichael lately drew a
bill on Mr. Grand for four thousand livres, I suppose, for his salary.
Mr. Grand said, he was not used to accept drafts but by the de-
sire of Dr. Franklin, and rest^ it on me to say, wheUier this bill
should be paid or not. I thought it improper, tliat the credit of so
confidential a person as Mr. Carmichael, should be affected by a
refusal, and therefore advised payment. Mr. Dumas has drawn
on me for twenty-seven hundred livres, his half year's salary, in-
forming me he always drew on Dr. Franklin. I shall advise the
payment. I have had loan office bills, drawn on the commission-
ers of the United States, presented to me. My answer has been,
* These are very old bills. Had they been presented while those
gentlemen were in Europe, they would have been paid. You have
kept them up till Dr. Franklin, the last of them, has returned to
America ; you must therefore send them there, and they will be
paid, I am not the drawee described in the bill.' It is impossible

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by a

for me to meddle with these bills. The gentlemen who had been
familiar with them, from the beginning, \v\\o kept books of them,
and knew well the form of these books, often paid bills twice.
But how can I interfere with them, who have not a scrip of a pen
on their subject, who never saw a book relating to them, and who,
if I had the books, should much oftener be bewildered in the
labyrinth, than the gentlemen who have kept them? I think it,
therefore, most advisable, that what bills remain out, should be
sent back to America for payment, and therefore advise Mr. Bar-
clay to return thither, all the books and papers relative to them.
There, is tlie proper and ultimate deposit of all records of this
nature. All tliese articles are very foreign to my talents, and fo-
reign also, as I conceive, to the nature of my duties. Dr. Frank-
lin was obliged to meddle with them, from the circumstances which
existed. But, these having ceased, I suppose it practicable for
your board to direct the administration of your monies here, in
every circumstance. It is only necessary for nie to draw my own
allowances, and to order payment for services done by otliers, by
my direction, and widiin the immediate line of my office ; such as
paying couriers, postage, and other extraordinary services, which
must rest on my discretion, and at my risk, if disapproved by Con-
gress. I will thank you for your advice on tliis subject, and if you
think a resolution of your board necessary, I will pray you to send
ine such a one, and that it may relieve me from all concerns with
the money of the United States, other than those I have just spoken
of. I do not mean by this, to testify a disposition to render no
service but what is rigorously within my duty. 1 am the farthest
in tlie world from this ; it is a question I shall never ask myself;
nothing making me more happy than to render any service in my
power, of whatever description. But I wish only to be excused
from intermeddling in business, in which 1 have no skill, and should
do more haim than good.

Congress were pleased to order ine an advance of two quarters'
salary. At that time, 1 supposed that I might refund it, or spare
so much from my expenses, by the time the third quarter became
due. Probably, they might expect the same. But it has been
impossible. The expense of my outfit, though I have taken it up,
on a scale as small as could be admitted, has been very far be-
yond what I had conceived. I have, therefore, not only been
unable to refund the advance ordered, but been obliged to go be-
yond it. I wished to have avoided so much, as was occasioned
by the purchase of furniture. But those who hire furniture, asked
me forty per cent., a year, for the use of it. It was better to buy,
therefore ; and this article, clothes, carriage, &c. have amounted to

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considerably more than the advance ordered. Perhaps, it may
be thought reasonable to allow me an outfit. The usage of every
other nation has established this, and reason really pleads for it. I
do not wish to make a shi!!' ^; but only my expenses to be de-
frayed, and in a moderate styl ^ On the most moderate, which
tlie reputation or interest of tl: r, I serve, would admit, it will lake
me several years to liquidate the advances for my outfit. I mention
this, to enable you to understand the necessities which have oblig-
<^d me to call for more money than was probably expected, and,
understanding them, to explain them to odiers. Being perfectly
disposed to conform myself decisively, to what shall be thought
proper, you cannot oblige me more, than by communicating to me
yoi'.r sentiments hereon, which 1 shall receive as those of a friend,
and govern myself accordingly.

I am, wiUi the most perfect esteem, Dear Sir,
your frientl and servant,

Th: Jefferson.

LETTER CXXl.

TO JOHN JAY.,

m

Sir,

Paris, October G, 1765.

My letter of August the 30th, acknowledged die receipt of yours
of July the 13th. Since that, I have received your letter of Au-
gust the 13tli, enclosing a correspondence between the Marquis
de la Fayette and Monsieur de Calonnes, and anoUicr of the same
date, enclosing the papers in Fortin's case. I immediately wrote
to M. Limozin, at Havre, desiring he would send me a state of
the case, and inform me what were the difficulties which suspended
its decision. He has promised me, by letter, to do this as soon
as possible, and I shall not fail in attention to it.

The Emperor and Dutch have signed preliminaries, which are
now made public. You will see them in the papers which ac-
company this. They still leave a good deal to discussion. How-
ever, it is probable they will end in peace. The party in Hol-
land, possessed actually of the sovereignty, wish for peace, diat
they may push their designs on the Stadtholderate. This country
wishes for peace, because her finances need arrangement. The
Bavarian exchange has produced to public view, that jealousy and
rancour between the courts of Vienna and Berlin, which existed

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before, though it was smothered. This will appear by the decla-
rations of the two courts. The demarcation bet' ecu tlie Empe-
ror and Turk does not advance. Still, however, 1 suppose neither
of those two germs of war likely to open soon. I consider Uie
conduct of France as the best evidence of this. If she hud appre-
hended a war from either of those quarters, she would not have
been so anxious to leave tlie Emperor one enemy the less, by
placing him at peace with the Dutch. While she is exerting all her
powers to preserve peace by land, and making no preparation
which indicates a fear of its being disturbed in Uiat quarter, she is
pushing her naval preparations, with a spirit unexampled in time of
peace. By the opening of the next spring, she will have eighty
ships, of seventy-four guns and upwards, ready for sea, at a mo-
ment's warning ; and the further constructions proposed, will proba-
bly, widiin two years, raise the number to an hundred. New
regulations have been made, too, for perfecting the classification
of her seamen; an institution, which, dividing all the seamen of
the nation into classes, subjects them to tours of duty by rotation,
and enables government, at all times, to man their ships. T'lcir
works for rendering Cherbourg a harbor for tlieir vessels of war,
and Dunkirk, for frigates and privateers, leave now little doubt of
success. It is impossible that these preparations can have in view,
any other nation than the English. Of course, they shew a greater
diffidence of their peace widi tliem, dian with any other power.

I mentioned to you, in my letter of August the 14th, that I had
desired Captain John Paul Jones to inquire into the circum-
stances of Peyrouse's expedition. I have now the honor of en-
closing you copies of my letter to him, and of his answer. He
refuses to accept of any indemnification for his expenses, which is
an additional proof of his disinterested spirit, and of his devotion to
the service of America. The circumstances are obvious, which
indicate an intt ntion to settle factories, and not colonies, at least,
for the present. However, nothing shews for what place they ar»
destined. The conjectures are divided between New Holland,
and the northwest coast of America.

According to what I mentioned in my letter of August the 30th,
I have appointed Mr. Short my secretary here. I enclose to you
copies of my letters to him and Mr. Grand, which will shew to
Congress that he stands altogether at their pleasure. I mention
this circumstance, that, if what I have done meets with their dis-
approbation, they may have the goodness to signify it immediately,
as I should otherwise conclude that they do not disapprove it.
I shall be ready to conform myself to what would be most agree-
able to them. . ,

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This will be accompanied by Uie gazettes of France ami Ley-
den, to the present date.

1 have the honor to be, with sentiments of tliu highest esteem
and respect, Sir,

your most obedient and

most iiumble servant,

Th: Jefferson.

LETTER CXXII

TO ELBRIUGC GERRY.

Paris, October 11, ITS'*.

Dear Sir,

I received, last night, tlie letter signed by yourself and the other
gentlemen, delegates of Massachusetts and Virginia, recommend-
ing Mr. Sayre for the Jarbary negotiations. As that was the first
moment ol its suggosiion to me, yon will perceive by my letter
of this day, to Mr. Jay, that the business was already established
in other hands, as your letter came at the same lime with the jki-
pers actually signed by Mr. Adams, for Messrs. t^rclay and
Lambe, according to arrangements previously taken between us.
I should, with great satisfaction, have acceded to the recommenda-
tion in the letter : not indeed as to Morocco, l)ecause, no better
man than Mr. Barclay could have been substituted ; but as to Al-
giers, Mr. Lambe being less known to me. However, I hope
well of him, and rely considerably on the aid he will receive from
his secretary, Mr. Randall, who bears a very good character.
I suppose Mr. Adams entided to the same just apology, as matters
were settled otherwise, before he probably received your letter.
I pray you to communicate this to the other gentlemen of your
and our delegation, as my justification.

The peace made between the Emperor and Dutch, leaves
Europe quiet for this campaign. As yet, we do not know where
the storm, dissipated for the moment, will gather again. Proba-
bly over Bavaria or Turkey. But this will be for another year.

When our instructions were made out, they were conceived on
a general scale, and supposed that all the European nations would be
disposed to form commercial connections with us. It is evident,
however, that a very different degree of importance was annexed
to these different states. Spain, Portugal, England and France,
were most important. Holland, Sweden, Denmark, in a middling

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(lop;rcc. Tlio others, still less so. Spnin troats in nnothrr lino.
Portiif^iil is disposed to do the same. Knu;liind wii not treat al
all; nor will Fraiu-e, probahly, add to her lonner treaty. Failing
in the exeeutioii of these our capital ohjects, it has appeared to
ino, that the pushing the treaties with the lesser powers, might do
ns niore harm than good, hy hampering the measures the States
niJiy find it necessary to lake, lor securing those; connn«;rcial int(;-
rests, hy se|)aratc measures, which is refiistMl to he doiu; here, in
concert. I have; understood through various channels, that the
memhers of Oongress wished a <diange in our instructions. I
have, in my letter to Mr. .lay, of this date, mentioned the pr(!senl
situation and aspect of these treaties, lor their inlormalion.

My letter ol" lh«' (ith instant to Mr. Jay, having comunnilcated
what little there is new here, I have only to add assurances of the
sincere esteem, with which I have the honor to he. Dear Sir,

your friend and sc'rvant,

'J'li: Jkffeuson.

I.ETTCtt C.XXIII.

TO TliK COUNT DE VKKOENNES.

Sir,

I'nris, Octobor II, 1785.

I have the honor of enclosing to your Excellency, a report of
the voyage of an American ship, the first which has gone to
China. The circumstance which induces Congress to direct this
communication, is the very friendly conduct of the consid (if his
Majesty fit Macao, and of the commanders and other ollicers of
the French vessels, in these seas. It has been with singular satis-
faction, that Congress have seen these added to the many odier
proofs of die cordiality of this nation towards our citizens. It is
the more pleasing, when it appears in the officers of government,
because, it is then viewed as an emanation of the spirit of die go-
vernment. It would be an additional gratification to Congress, in
this particular instance, should any occasion arise of notifying those
officers, that their conduct has been justly represented to your
Excellency, on the part of the United States, and has met your
approbation. Nothing will be wanting, on our part, to foster cor-
responding dispositions in our citizens, and we hope that proofs of
their actual existence have appeared, and will appear, whenever

VOL. I. 43

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338

occasion shall offer. A sincere affection between tlie two people,
is the broadest basis on which their peace can be built.

It will always be among the most pleasing functions of my of-
fice, to be made tlie channel of communicating the friendly sen-
timents of the two governments. It is additionally so, as it gives
me an opportunity of assuring your Excellency of the high re-
sjiect and esteem, with which I liavo the honor to be,
your Excellency's

most obedient and

most humble servant,

Th : JKvrKnsoN.

LETTEE CXXIV.

TO JOHN JAY.

Sir,

Paris, October II, 1785.

In my letter of August tlie Htli, I had the honor of expressing
to you die uneasiness 1 felt, at die delay of tlie instructions on
the subject of tiie Barbary treaties, of which Mr. Lambe was the
bearer, and of informing you that I liad pro|X)sed to Mr. Adams,
that if he did not arrive eidier in the Frencii or English packets,
then expected, we should send some person to negotiate diese
treaties. As he did not arrive in those packets, and I found Mr.
Barclay was willing to undertake the negotiations, I wrote to Mr.
Adams, (who had concurred in the proposition made him) inform-
ing him that Mr. Barclay would go, and proposing papers for our
immediate signature. The day before the return of the courier,
Mr. Lambe arrived wiUi our instructions, the letters of credence,
&c. enclosed in yours of March the 11th, 1785. Just about die
same dme, came to hand the letter No. 1 , informing me, that two
American vessels were actually taken and carried into Algiers,
and leaving no further doubt that diat power was exercising hosti-
lities against us, in the Atlandc. The conduct of the Emperor of
Morocco had been such, as forbade us to postpone his treaty to
that with Algiers. But die commencement of hostiliues by the
latter, and dieir known activity, pressed the necessity of immediate
propositions to them. It was therefore thougiit best, while Mr.
Barclay should be proceeding with the Emperor of Morocco, that
somt other agent should go to Algiers. We had few subjects to
choose out of. Mr. Lambe's knowledge of die country, of its
inhabitants, of their manner of transacting business, the veconuuen-

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339

dations from his State to Congress, of ids fitness for this employ-
ment, and other information founding a presumption that he would
be approved, occasioned our concluding to send him to Algiers.
The giving him proper authorities, and new ones to Mr. Barclay
conformable to our own new powers, was the subject of a new
courier between Mr. Adams and myself. He returned last night,
and I have the honor of enclosing you copies of all the papers we
furnish those gentlemen with ; which will possess Congress fully
of our proceedings herein. They are numbered from, two to ten
inclusive. The supplementary instruction to Mr. Lambe, No. 5,
must rest for justification on tlie emergency of the case. The
motives which led to it, nnist be found in the feelings of the hu-
man heart, in a partiality for those sufferers who are of our own
country, and in the obligations of every government to yield pro-
tection to their citizens, as the consideration for their obedience.
It will be a comfort to know, that Congress does not disapprove
this step.

Considering the treaty with Portugal among the most interest-
ing to the United States, I some time ago, took occasion at Ver-
sailles, to ask of the Portuguese ambassador, if he had yet received
fi*om his court, an answer to our letter. He told me he had not,
but that he would make it the subject of another letter. Two
days ago, his secretaire d'ambassade called on me, with a letter from
his minister to the ambassador, in which was the following paragraph,
as he translated it to me ; and I committed it to writing from his
mouth. ' Your Excellency hos communicated to us the substance of
your conversation with the American minister. That power ought
to have been already persuaded, by the manner in which its ves-
sels have been received here ; and consequently that his Majesty
would have much satisfaction, in maintaining perfect harmony and
good understanding with the same United States. But it would
be proper to begin with the reciprocal nomination, on both sides,
of persons, who, at least with the character of agents, might re-
ciprocally inform their constituents, of what might conduce to a
knowledge of the interests of the two nations, without prejudice to
either. This first step appears necessary to lead to the proposed
object.'

By this, it would seem, that this power is more disposed to pursue
a track of negotiation, similar to that which Spain has done. I
consider this answer as definitive of all fiirther measures, under
our commission to Portugal. That to Spain was superseded by
proceedings in another line. That to Prussia is concluded by
actual treaty ; to Tuscany will probably be so ; and perhaps to
Denmark : and these, 1 believe, will be the sum of the effects of

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our commissions for making treaties nf alliance. England shews
no disposition to treat. France, should her ministers be able to
keep the ground of the Arret of August, 1784, against the clamors
of her merchants, and should they be disposed, hereafter, to give
us more, very probably will not bind herself to it by treaty, but
keep her regulations dependant on her own will. Sweden will es-
tablish a free port at St. Bardiolomews, which, p rhaps, will render
any new engagement, on our part, unnecessary. Holland is so
immovable in her system of colony administration, tliat, as proposi-
tions to her, on that subject, would be desperate, they had better
not be made. You will perceive by the letter INo. 11, from the
Marquis de la Fayette, diat there is a possibility of an overture
from tlie Emperor. A hint from the charge des affaires of Na-
ples, lately, has induced me to suppose something of the same
kind from thence. But the advanced period of our commissions,
now offers good cause for avoiding to begin, what probably cannot
be terminated during their continuance ; and with respect to these
two, and all other powers not before mentioned, 1 doubt whether
the advantages to be derived from treaties with them, will coun-
tervail Uie additional embarrassments they may impose on the
States, when they shall proceed to make those commercial ar-
rangements, necessary to counteract the designs of the British
cabinet. I repeat it, therefore, that the conclusion of the treaty
with Prussia, and die probability of others with Denmark, Tuscany
and die Barbary States, may be expected to wind up the proceed-
ings of the general commissions. I think that, in possible events,
it may be advantageous to us, by treaties with Prussia, Denmark
and Tuscany, to have secured ports in the Northern and Mediter-
ranean seas. I have die honor to be, widi sentiments of the
highest respect and esteem. Sir,

your most obedient •

, • ' and most humble servant,

\a ' Th: Jefferson.

LETTER CXXV

TO MESSRS. VAN 8TAPHORST.

Paris, October 12, 1765.

Gentlemen,

The receipt of your favor, of September the 19th, should not have
been so long unacknowledged, but that I have been peculiarly and
very closely engaged ever since it came to hand.

341

Witli respect to the expediency of tlie arrangement you pro-
pose to make with Mr. Parker, I must observe to you, tlial it would
be altogether out of my province to ^ive an oflicial opinion, for your
direction. These transactions appertain altogetlier to the ccmiiiis-
sioners of the treasury, to whom you have very properly written
on tlie occasion. I shall always be willing, however j to apprise
you of any facts I may be acquainted with, and which might ena-
ble you to proceed with more certainty ; and even to give my
private opinion, where I am acquainted with the subject, leaving you
the most perfect liberty to give it what weight you may think
proper. In the present case, I cannot give even a private opinion,
because 1 am not told what are precisely the securities offered by
Ah'. Parker. So various are the securities of the United States,
that unless they are precisely described by their dates, considera-
tion, and other material circumstances, no man on earth can say
what Uiey are worth. One fact, however, is certain, tliat all debts
of any considerable amount contracted by the United States, while
their paper money existed, are subject to a deduction, and not
payable at any fixed period. I think I may venture to say, also,
that there are no debts of the United States, 'on the same footing
with the money loaned by Holland,' except those due to tlie Kings
of France and Spain. However, I hope you will soon receive
the answer of the commissioners, which alone can decide auUiori-
tatively what is to be done.

Congress have thought jiroper to entrust to Mr. Adams and my-
self a certain business, which may eventually call for great ad-
vances of money : perhaps, four iumdred thousand livres or up-
wards. They have auihorised us to draw for this on their funds
in Holland. The separate situation of Mr. Adams and myself,
rendering joint drafts inconvenient, we have agreed that they
shall be made by him alone. You will be pleased, therefore, to
give the same credit to these bills, drawn by him, as if they were
also subscribed by me. ,

I have the honor to be, with high respect, Gentlemen,
your most obedient

and most humble sen^ant, .,^*,

Tii: Jefferson.

*l^

342

LETTER OXXVl.

TO MONSIEUR DE''BORUCS.

Sir,

Paris, October 12, 1785.

There are, in the prison of St. Pol de Leon, six or seven citizens
of the United States of America, charged with having attempted
a contraband of tobacco, but, as they say themselves, forced into
that port by stress of weather. I believe tliat they are innocent.
Their situation is d(^scribed me to be as deplorable, as should bg
that of men found gijilty of the worst of crimes. They are in
close jail, allowed three sous a day only, and unable to speak a
word of the language of the country. I hope their distress, which
it is my duty to relieve, and the recommendation of Mr. Barclay
to address myself to you, will apolop^ise for the liberty I take, of
asking you to advise them what to do for their defence, to engage
some good lawyer for them, and to pass to them the pecuniary
reliefs necessary. I write to Mr. Lister Asquith, the owner of the
vessel, that he may draw bills on me, from time to time, for a livre
a day for every person of them, and for what may be necessary
to engage a lawyer for him. I will pray the favor of you to fur-
nish him money for his bills, drawn on me for these purposes,
which I will pay on sight. You will judge if he should go beyond
this allowance, and be so good as to reject the surplus. I must
desire his lawyer to send me immediately a state of their case,
and let me know in what court their process !s, and when it is
likely to be decided. I hope the circumstances of the case will
excuse the freedom I take ; and I have the honor to be, with great
respect. Sir,

your most obedient humble servant,

Th: Jefferson.

r»5

F.ETTER CXXVII.
TO HOGENDORP.

Paris, October 13, 1785.
Dear Sir,

Having been much engaged lately, I have been unable sooner
to acknowledge the receipt of your favor, of September the 8th.
What you are pleased to say on the subject of my Notes, is more

%

343

s, IS more

tlian they deserve. The condition in which you first saw them,
would prove to you how hastily they had been originally written ;
as you may remember the numerous insertions I had made in them,
from time to time, when I could find a moment for turning to tliem
from other occupations. I have never yet seen Monsieur de Buf-
fon. He has been in the country rUl the summer. I sent him a
copy of the book, and have only heard his sentiments on one par-
ticular of it, that of the identity of tl e mammoth and elephant.
As to this, he retains liis opinion that they are the same. If you
had formed any considerable expectations from our revised code
of laws, you will be much disappointed. It contains not ..lOre
than three or four laws which could strike tlie attention of a fo-
reigner. Had it been a digest of all our laws, it would not have
been comprehensible or instructive, but to a native. But it is still
less so, as it digests only the British statutes and our own acts of
Assembly, which are but a supplementary part of our law. The
great basis of it is ai • rior to the date of the Magna Charta,
which is tlie oldest statute extant. The only merit of this work,
is, that it may remove from our book shelves about twenty folio
volumes of statutes, retaining all the parts of tliem, which, either
their own merit or the established system of laws required.

You ask me w hat are riiose operations of the British nation, which
are likely to befriend us, and how they will produce this eTect ?
The British government, as you may naturally suppose, have it
much at ijoart to reconcile their nation to die loss of America.
This is essential to the repose, perhaps, even to the safety of the
King and his ministers. The most effectual engines for this pur-
]K>se, are Uie public papeis. You know well, that that government
always kept a kind of standing army of news-writers, who, without
any regard to truth, or to what should be like truth, invented, and
put into the papers whatever mfght serve the ministers. This suf-
fices with tlie mass of the peo])le, who have no means of distin-
guishing die false, from the true paragraphs of a newspajier. When
forced to acknowledge our independence, they were forced to re-
double tlieir efforts to keep the nation quiet. Listead of a few of
the papers, formerly engaged, diey now engaged every one. No
paper, therefore, conies out without a dose of paragraphs against
America. These are calculated for a secondary purpose also,
that of preventing tlie emigrations of their people to America.
They dwell very much on American bankruptcies. To explain
these, would require a long detail ; but would shew you that nine
tenths of the e bankruptcies are truly English bankruptcies, in no
wise chargeable oii America. However, they have produced ef-
fects tlie most desirable of all others for us. They have destroy-

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ed our credit, and thus checked our disposition to luxury ; and,
forcing our merchants to buy no more than they have ready money
to pay for, they force them to go to those mari<ets wliere that ready
money will buy most. Thus you see, tiiey check our kixiuy, they
force us to connect ourselves with all the world, and they prevent
foreign emigrations to our country, al! of which I consider as ad-
vantageous to us. They are doing us another good turn. They
attempt, without disguise, to possess themselves of the carriage of
our produce, and to prohibit our own vessels from participating of
it. This has raised a general indignation in America. The States
see, however, that theu: constitutions have provided no means of
counteracting it. They are therefore beginning to vest Congress
with the absolute power of regulating their commerce, only reserv-
ing all revenue arising from it, to the State in which it is levied.
This will consolidate our federal building very much, and for this,
we shall be indebted to the British. ^ •

You ask what I think on the expediency of encouraging our
States to be commercial ? Were I to induJge my own theory, 1
should wish them to prp.cUse neither commerce nor navigation, but
to istand, with respect to Europe, precisely on the footing of China.
We should thus avoid wars, and all our citizens would be husband-
men. Whenever, indeed, our numbers should so increase, as
that our produce would overstock the markets of those nations
who should come to seek it, the farmers must either employ tlie
surplus of their time in manufactures, or the surplus of our Hands
must be employed in manufactures, or in navigation. But that
day would, I think, be distant, and we should long keep our work-
men in Europe, wliile Europe should be drawing rough materials,
and even subsistence, from America. But this is theory only, and
a theory which the servants of America are not at liberty to follow.
Our people have a decided taste for navigation and commerce.
They take this from their mother country ; and their servants are
in duty bound to calculate all their measures on this datum : we
wish to do it by throwing open all the doors of commerce, and
knocking off its shackles. But as this cannot be done for others,
unless they will do it for us, and there is no great probability that
Europe will do this, 1 suppose we shall be obliged to adopt a sys-
tem which may shackle them in our ports, as they do us in theirs.

With respect to the sale of our lands, that cannot begin till a
considerable portion shall have been surveyed. They cannot be-
gin to survey till the fall of the leaf of this year, nor to sell, pr(»-
bably till the ensuing spring. So that it will be yet a twelvemonth,
before we shall be able to judge of the efficacy of our land office,
to sink our national debt. It is made a fundamental, that the pr*"

.^45

needs simll he solely and snrrcdiy applied ns a sinking fund, (o dis-
charge die c.piial only of the debt. •

It is tru" that the tobaccos of Virginia go abuost entirely to
England. The reason is, the people of that Stale owe a great
debt there, which they are paying as fast they can. I diink I have
now answered your several queries, and shall be happy to receive
your reflections on the same subjects, and at all limes to hear of
your welfare, and to give you assurances of die esteem, wiUi which
I have the honor to be. Dear Sir,

your most obedient

and most humble servant,
' ■ Th: Jefferson.

■ »•!

I.F.TTER OXXVIll.

TO J. BANNISTER, JUNIOR. ,^

' Paris, October 15, 1765.
Dear Sir,

I should sooner have answered ihe paragraph in your letter, of
September the 1 9th, respecting the best seminary lor the educa-
tion of youth, in Europe, but that it was necessary for me to make
inquiries on the subject. The result of these has been, to consi-
der the competition as resting between Geneva and Rome. They
are equally cheap, and probably are equal in the course of educa-
tion pursued. The advantage of Geneva, is, dial students acquire
there llie habit of speaking French. The advantages of Rome,
are, tlie acquiring a local knowledge of a spot so classical and so
celebrated ; the acquiring the true pronunciation of the Latin
language ; a just taste in the fine arts., more particularly those of
painting, sculpuu'e, architecture, and music ; a familiarity with
those objects and processes of agriculture, which experience has
shewn best adapted to a climate like ours ; and lastly, the ad-
vantage of a fine climate for health. It is probable, too, that by
being boarded in a French runily, the habit of speaking that
language may be obtained. 1 do not count on any advantage
to be derived in Geneva, from a familiar acquaintance with the
principles of that government. The late revolution has rendered
it a tyrannical aristocracy, more likely to give ill, than good ideas
to an American. I think the balance in favor of Rome. Pisa is
sometimes spoken of, as a place of education. But it does not
VOL. I. 44

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(I

offer the first a>;d tliird of the advantages of Rome. But why
send an American youth to Europe for education ? What are the
objects of an useful American education ? Classical knowledge,
modern languages, chiefly French, Spanish and Italian ; Ma-
thematics, Natural philosophy. Natural history, Civil history, and
Ethics. In Natural philosophy, I mean to include Chemistry and
Agriculture, and in Natural history, to include Botany, as well as
the other branches of those departments. It is true that tlie habit
of speaking the modern languages, cannot be so well acquired in
America; but every other article can be as well acquired at
William and Mary college, as at any place in Europe. When
college education is done widi, and a young man is to prepare
himself .or public life, he must cast his eyes (for America) eitlier
or . " A' «r Physic. For the former, where can he apply so ad-
van; /^ou ,i as to Mr. Wythe? For the latter, he must come to
EurO| o : thr / edical class of students, therefore, is the only one
which need come to Europe. Let us view the disadvantages of
sending a youth to Europe. To enumerate them all, would re-
quire a volume. I will select a few. If he goes to England, he
learns drinking, horse racing and boxing. These are the pecu-
liarities of English education. The following circumstances are
common to education in that, and the other countries of Europe.
He acquires a fondness for European luxury and dissipation, and
a contempt for the sunplicity of his own country ; he is fascinated
with the privileges of the European aristocrats, and sees, with ab-
horrence, the lovely equality which the poor enjoy wiUi the rich,
in his own country ; he contracts a partiality for aristocracy or
monarchy ; ho forms foreign friendships which will never be useful
to him, and loses the season of life for forming in his own country,
those friendsliips, which, of all odiers, are the most faithful and per-
manent ; he is led by the strongest of all the. human passions, into
a spirit for female intrigue, destructive of his own and others' hap-
piness, or a passion for whores, destructive of his health, and, in
both cases, learns to consider fidelity to the marriage bed as an
ungentlemanly practice, and inconsistent with happiness ; he re-
collects the voluptuary dress and arts of the European women,
and pities and despises the chaste affections and simplicity of those
of his own country ; he retains, through life, a fond recollection,
and a hankering after those places, which were the scenes of his
first pleasures and of his first connections ; he returns to his own
country, a foreigner, unacquainted with the practices of domestic
economy, necessary to preserve him from ruin, speaking and wri-
ting his native tongue as a foreigner, and therefore unqualified to
obtain those distinctions, which eloquence of the pen and tongue

347

i

ensures Id a free country ; for I would observe to you, that what
is called style in writing or speaking, is formed very early in life,
while the imagination is warm, and impressions are permament.
I am of opinion, that there never was an instance of a man's wri-
ting or speaking his native tongue with elegance, who passed from
fifteen to twenty years of age, out of the country where it was spo-
ken. Thus, no instance exists of a person's writing two languages
perfectly. That will always appear to he his native language,
which was most familiar to him in his youth. It appears to me
theni that an American coming to Europe for education, loses in
his knowledge, in his morals, in his health, in his habits, and in his
happiness. I had entertained only doubts on diis head, before I
came to Europe : what I see and hear, since I came here, proves
more than I had even suspected. Cast your eye over Ame-
rica : who are the men of most learning, of most eloquence, most
beloved by their countrymen, and most trir^ed and promoted by
them? They are those who have been edm .te ' among thein, and
whose manners, morals and habits, are perfoctl} . omogeneous w ith
those of the country.

Did you exjiecl by so short a question, to draw such a sermon
on yourself? I dare say you did not. liu. the consequences of
foreign education are alarming to me, as an American. I sin,
therefore, through zeal, whenever I entd on the subject. You are
sufficiently American to j)ardon me for it. Let me hear of your
health, and be assured of the esteem with which I am, Dear Sir,
• your friend and servant,

Th: Jefferson.

• I

LBTTER UXXIX.

TO MR. CARMICHAEL.

• • ' • raris, October 18, 1785.

Dear Sir, - . . '

Your favor of the 29th of September, came safely to hand :
the constant expectation of the departure of die persons whom 1
formerly gave you reason to expect, has prevented my writing, as
it has done yours. Tliey will probably leave tliis in a week, but
their route will be circuitous and attended with delays. Between
die middle and last of November, they may be with you. By
them, you will receive a cypher, by which you may communicate
witli Mr. Adams and myself. 1 should have sent it by Baron

>'.^\
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348

Dreycr, the Daiiisli iniiiibler ; kit 1 tJu;ii expected our own con-
veyance would have been quicker.. Having mentioned tliis gen-
tleman, give me leave to recommend liim to your actjuaintance.
He is plain, sensible, and open : he s|)oaks English well, and hud
he been to remain here, I should have cultivated his acquaintance
much. Be so good as to present me very respectlully to him.

This being to go by post, I shall only add the few articles of
general American news, by the last packet. Dr. Franklin arrived
in good healUi at Philadelphia, the 15di ult., and was rcceivi J
amidst the acclamations of an immense crowd. No late event
has produced greater demonstrations of joy. It is doubted whether
Congress will adjourn this summer ; but they are so thin, they do not
undertake im|X)rtant busiiiess. Our western posts are in statu (juo.

I have tlie honor to be, with great esteem, Dear Sir,

your friend and servant,

Th: JEiFERSON.

LETTER CXXX.

m

^•

TO MESSllS. VAN STAl'itOHSTS.

i'ariu,

October 25, 1785.

Gentlemen,

I received yesterday your favor of the 2()th instant. In order
to give you the information you desire, on the subject of the liqui-
dated debts of the United States, and the comparative footing on
which they stand, I must observe to you, that Uie first and great
division of our federal debt, is, into 1. foreign; and 2. domestic.
The foreign debt comprehends, 1. the loan from tlie govern-
ment of Spain ; 2. the loans from the government of France,
and from the Farmers General ; 3. the loans negotiated in Hol-
land, by order of Congress. This branch of our debt stands
absolutely singular : no man in the United States having ever sup-
posed, that Congress, or their legislatures, can, in any wise, modify
or alter it. They justly view die United States as the one party,
and the lenders as the odi6r, and that die consent of both would
be requisite, were any modification to be proposed. But with
respect to die domestic debt, they consider Congress as represent-
ing both the borrowers and lenders, and that die modifications
which have taken place in this, have been necessary to do justice
between die two parties, and that they flowed properly from Con-
gress as their mutual umpire. The domestic debt comprehends

340

y 3. the lic|uidateJ
first term includes

1. liie aniiy debt; 2. tlic loan ofHcc debt
debt ; and 4. the unluiuidated debt. The
debts to tlie officers and soldiers for pay, bounty and subsistence.
The second term means monies put into tlie loan office of the
United States. The third comprehends all debts contracted by
quarter masters, commissaries, and others duly authorised to pro-
cure supplies for the army, and which have been liquidated (that
is, settled) by commissioners apjwinted under the resolution of
Congress, of June the L2th, 1780, or by the officer who made the
contract. The fourth comprelicnds the whole mass of dabls, de-
scribed in the preceding article, which have UQt yet been liqui-
dated. These are in a course of liquidation, and are passing over
daily into the third class. The debts of this third class, that is,
the liquidated debt, is the object of your infpiiry. No time is
fixed for the payment of it, no fund as yet determined, nor any
firm provision for the interest in the mean time. The consequence
is, tliat the certificates of these debts sell greatly below par.
When I left America, diey could be bought for, from two shillings
aiKl sixpence to fifteen shillings, in the pound : this difTerence pro-
ceeding from the circumstance, of some States' having provided for
paying the interest on those due in their own State, which others
had not. Hence, an opinion had arisen with some, and proposi-
tions had even been made in the legislatures, for paying off the
principal of these debts with what they had cost the holder, and
interest on that. This opinion is far from being general, and I
llilnk will not prevail. But it is among possible events.

1 have been Uius particular, that you might be able to juds^e, not
only in the present case, but also in others, should any atlf.iiipts be
made to speculate in your city, on these papers. It is a business,
in which foreigners will be in great danger of being duped. It is
a science which bids defiance to the |X)wers of reason. To un-
derstand it, a man must not only be on tlie spot, and be perfectly
possessed of all the circumstances relative to every species of tliese
papers, but he niust have that dexterity which the habit of buying
and selling them, alone gives. The brokers of these certificates
are few in number, and any other person venturing to deal with
them, engages ip a very unequal contest.

I have the lionor to be, with the highest respect, gentlemen,
your most obedient humble servant,

Th : Jefferson.

^

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tJ50

mrrmi cxxxi.

TO WILLIAM UAHMICIIAKL. t

Taris, November 4, 1785.

Dkar Sir,

1 had the lioiior of writing you on the 18tl» of October, nnd
again, on the 25th of the same month. Hotii lettern, being to pass
tlnongh the post offices, were confnied to particular subjects. Tlic
first of" tiiem acknowledged the receipt of yours, of September
the 29th.

At length, a confidential opportunity arrives for conveying to ydu
a cy|)hcr; it will be iianded you by the bearer, Mr. Lainbe. (Jo-
pics of it are in tiie hands of Mr. Adauis, at Ix)ndon, Mr. Harclay,
who is proceeding to Morocco, and Mr. Lambe, who is proceed-
ing to Algiers. This enables us to kecj) lij) such correspondences
with each oUier, as may be refjuisite. Congress, iii the sjuing of
1784, gave powers to Mr. Adams, Dr. Franklin and i-iyself, to
treat with the Rirbary States. J Jut they gave us no .noney for
them, and the other duties assigned us rendered it impossible for
us to proceed thither in person. These things having been repro
sented to them, they assigned to us a certain sum of money, and
gave us powers to delegate agents to treat with those States, and
lo form j)reliminary articles, but confining to us the signing of them
in a definiuve form. They did not restrain us in the appoiiument
of tlie agents: but the orders of Congress wfere brought to us by
Mr. Lambe, they had waited for Imn four months, and the re-
commendations he brought, pointed him out, in our opinion, as a
person who would meet tJie approbation of Congress. We there-
fore appointed him to negotiate with the Algerines. His manners
and appearance are not promising. IJut he is a sensible man, and
seems to possess some talents which may be proper in a matter of
bargain. We have joined with him, as secretary, a Mr. Randall,
from New York, in whose prudence we hope he will find con-
siderable aid. They now proceed to Madrid, merely with the
view of seeing you, as we are assured they will receive from you
lights which may be useful to tlieuL 1 hear that d'Expilly and
the Algerine ministers have gone from Madrid. Letters from Al-
giers, of August the 24th, inform me, that we had two vessels and
their crews in captivity there, at that time. I have never had rea-
son to believe certainly, diat any others had been captured. Should
Mr. Lambe have occasion to draw bills, while in Spain, on Mr.
Adams, you may safely assure tlie purchasers that they will be
paid.

f

351

An important inattor detains Mr. Hurrliiy some days lonf!;( r, and
his journey to Madrid will be circuitous. Porluips he may arrive
there a month hiter than liambe. It would he well if the Em-
pcror of Morocco could, in the mean time, know that such a per-
son is on tiie road. Perhaps you may have an op|M)rtunity of
notifying this to him oflicialiy, hy askinu; from iiim ))assports for Mr.
B.xrrliy and !us suite. Tins would be effecting two good pur{M)ses
at once, n' you can find an o[)|K)rtunity.

Your letter of September the Jnd, did not p;et to my hands till
these arrangements were all taken between Mr. Adams and my-
self, and the peraons appointed. That gave me tln' ^»rst hint that
you would have acted in this business. 1 mean no (lattery when
1 assure you, that no person would have better answered iijy wislies.
At the same time, 1 doit! t whether Mr. Adams and myself shouhl
have thought ourselves justifiable, in withdrawing a servant of the
United States, from a post eijually important with those, which jue-
vented our acting personally in the same business. 1 am sure, that,
remaining where you are, you will be able to forward much the
business, and that you will do it widi the zeal you have hiUierto
manifested on every occasion.

Your intercourse with America being less frequent than ours,
from this place, I will state to you, generally, such new occurrences
there, as may be interesting ; some of which, perhaps, you will not
have been informed of. It was doubtful, at the date of my last
letters, whether Congress would adjourn diis summer. They were
too tliin, however, to undertake important business. They had
begun arrangements for the establishment of a mint. The Dollar
was decided on as Uie money Unit of America. 1 believe, they
proposed to have gold, silver and coj)per coins, descending and
ascending declinally ; viz. a gold coin of ten dollars, a silver coin of
one tenth of a dollar (ecjual to a Spanish bit), and a copper, of one
hundredth of a dollar. These parts of the plan, however, were
not ultimately decided on. They have adopted the late improve-
ment in the British post oflice, of sending their mails by die stages.
I am told, this is done from New Hampshire to Georjfia, and from
New York to Albany. Their treasury is administered by a board,
of which Mr. Walter Livingston, Mr. Osgood, and Dr. Arthur Lee,
are members. Governor Rutledge, who had been appointed mi-
lister to the Hague, on the refusal of Governor Livingston, declines
coming. We are uncertain w liether the States will generally come
into the proposition, of investing Congress with the regulation of
their commerce. Massachusetts has passed an act, the first object
of which seemed to be, to retaliate on the British commercial
measures, but in the close of it, they impose double duties rw all

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352

I

. goods imported in bottoms- not wholly owned by citizens of oiir
States. New Hampshire has followed the example. This is much
complained of here, and will probably draw retaliating measures
from the Statr^ of Europe,- if generally adopted in America, or^
not corrected by the States whicii have adopted it. It must be
our endeavor to keep them quiet on this side the water, under the
hope that our countrymen will correct this step ; as I trust they
will do. It is no ways akin to tlieir general system. I am trj-ing
here, to get contracts for the supplying the cities of France with
* , whale oil, by tl»e Boston merchants. It would be the greatest re-
lief possible to tliat State, whose commerce is in agonies, in con-
sequence of being subjected to alien duties on their oil, in Great
Britain, whicli has been heretofore their only market. Can any
jf thing be done, in this way, in Spain? Or do they there light their

streets in the night ?

A fracas whicli has lately happened in Boston, becoming a se-
rious matter, I will give you the details of it, as transmitted to Mr.
Adams in depositions. A Captain Stanhope, commanding the fri-
gate Mercury, was sent wiiii a convoy of vessels from Nova Scotia
to Boston, to get a supply of provisions for that colony. It had
happened, that two persons living near Boston, of the names of
Dunbar and LowUiorp, had been taken prisoners during tlie war,
and transferred from one vessel to another, till they were placed
on board Stanhope's ship. He treated them most cruelly, whip-
ping them frequently, in order to make them do duty against their
countr}', as sailors, on board his ship. The ship going to Antigua
to refit, he put all liis prisoners into jail, first giving Dunbar twenty-
four lashes. Peace took place, and tlie prisoners got home under
the general liberation. These men were quietly pursuing their
occupations at home, when they heard that Stanhope was in Bos-
ton. Tlieir indignation was kindled. They inftmediately went
tliere, and, meeting Stanhope walking in the mall, Dunbar stepped
up to him, and asked him if he recollected him, and the whipping
him on board his ship. Having no weapon in his hand, he struck
at Stanhope with his fist. Stanhope stepped back, and drew his
sword. The people interposed, and guarded him to the door of
a Mr. Morton, to which he retreated. There, Dunbar again at-
tempted to seize him ; but the high sheriff had by tliis time arriv-
ed, who interposed and protected him. The assailants withdrew,
and here ended all appearance of force. But Captain Stanhope
thought proper to write to the Governor, which brought on the
correspondence published in the papers of Europe. Lest you
should not have seen it, I enclose it, as cut from a Ix)ndon pa-
per ; though not perfectly exact, it is substantially so. You will

'f-

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'M

doubtless judge, thai Governor Bovvdoin referred him properly to
the laws for redress, as he was obliged to do, and as would have
been done in En2;land, u a like case. Had he applied to the
courts, the question would have been, whether they would have
punished Dunbar? This must be answered now by conjecture
only ; and, to form that conjecture, every man must ask himself,
whether he would not have done as Dunbar did ? And whether
the people shoultl not have permitted him, to return to Stanhope
the twenty-lour lashes ? This affair has been stated in the London
papers, without mixing with it one circumstance of truth.

In your letter of the 27th of June, you were so good as to tell
nie, that you should shortly send off some of the books 1 had taken
the liberlv to ask vou to !;et for me, and that your corresiKjudenl at
Hajonne, would icive me notice of their arrival there. Not having
heard from him, 1 mention it to you, lesl they should be stopped
any where.

I am, with great respect. Dear Sir,

your most obedient humi»le servant.

'I'll : .If.fff.rson.

' ?-,

I.ETTKR CXXXII.

TO RICHARD o'bRYAN.

Sir,

i*aria, Novcnibor 4, 1785.

I wrote you a short letter on the J9th of September, acknow-
ledging the receipt of youis of August the J4lh, from Algiers,
and promising that you should hear further from me soon. Mr.
Atlams, the American minister at London, and myself, have agreed
to authorise tlu; bearer hereof, Mr. Lambe, to treat for your re-
demption, and that of your cijinpanions taken in American vessels,
and, if it can be obtained lor sums within our power, we shall
have the money paid. W\\. in this, we act without instruction
from Congress, and are therefore obliged to take the precaution
of requiring, that you bind your owners for yourself and crew,
and the other captain, in like manner, his owners for himself and
crew, and dial each ))erson, separately, make himself answerable
for his own redemption, in case Congress requires it. I suppose
Congress w ill not require it : but we have no authority to decide
that, but must leave it to their own decision ; which renders neces-
sary the precautions 1 have mentioned, in order to justify ourselves
VOL. I. 4r>

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354

for undertaking to redeem you, nitliout orders. Mr. Lainbc is
instructed to make no bart^ain without your approbation, and that
of the oilier prisoners, eacli for himself. We also direct him to
relieve your present necessities. I sincerely wish you a speedy
deliverance from your distresses, and a happy return to your
family.

I am. Sir, your most obedient humble servant,

Th: Jeffehson.

I.KTTF.R CXXXlll.

TO W. W. SRWARD.

Sin,

Paris, November 1!2, 17b5.

W

I received the honor of your loiter, of the iTnh uh., written by
desire of the associated company of Irish iiuMchants, in London,
and return vou tluniks for iIk* kind <"oni;raiul;Mi()Ms you express
iherein. 'I'lie iVeedom ol eonunerce btMween licland and Ame-
rica, is undoubtedly very interestiu!; to l«)di countrit>s. If fair play
be given to the naluial ad\ antaijes of Ireland, shi; nnist comt! in
for a distinguished share of that eonunerce. She is entitled to it,
from the excellence of sonu^ of her manufactuics, \\w <'heapness
of most of them, thi'ir correspondence with the American taste,
a sameness of language, laws and maimers, a reciprocal alleeuon
between the peoj)le, and the singular circumstance of her being
the nearest European land to the I'nited States. I am not, at
present, so well ac(|uainted with the trannnelsof Irish commerce, as
to know what they ar(% particularly, which obslruet the intercourse!
between Ireland and America; nor therefore, what can he the ob-
ject of a fleet stationed in the wesiern ocean, to intercept that in-
tercourse. Experience, however, has taught us to infer that the
fact is probable, because it is impolitic. On the supposition that
this interruption will lake place, you suggest Ostend as a conve-
nient enterpot for the commerce between America and Ireland.
Here too, I find myself, on account of the same ignorance of your
commercial regulations, at a loss to say why this is prelV-able to
L'Orient, which, you know, is a free port and in great latitude,
which is nearer to both parties, and accessible by a less dangerous
navigation. I make no doubt, howevf^r, that the reasons of Uie
preference are good. You find by this essay, that I am not likely
to be a very instructive correspondent : you shall find me, however,

355

zealous in whatever may concern the inlerests of the two countries.
The system into which th(^ United Sinics wished to go, was tliat
of freeinc; conmuTce from every shackle. A contrary conduct in
Great liritain, will occasion thcin to adopt the contrary system, at
least, as to that island. [ am sure they would he glad, if it should
be found practicable, to make that discrimination between Great
J^ritain aiul Ireland, which their conunercial principles, and their
allection for the latter, would dictate.

I have the lK)n()r to he, with die highest respect for yourself and
the company for whom you write, Sir,

your most obedient and

most humble servant,

Th: JtFFERSOJ*.

1^

l,nTTF-R CXXXI V

TO THE COUNT OE VEIUJENNES.

f

SiH,

Paris, November 14, 17M'>.

1 take the lib<?rty of troublinc; your Kxcellency on behalf of six
citizi'usof the I iiiled Stales, wIuj have been, for some time, con-
fined in the |)rison of St. Pol di- Leon, a ul of referring for parti-
culars, to the enclosed state of their '"u;.^. Some of die material
facts therciiu mentioned, are foeiided on the bill of sale for the
vessel, her clearance from liailimore, and her log book. The
originals of the two last, and a copy of the first, are in my hands.
1 have, also, letters from a merchant in Liverjiool to Asquidi,
which render it really probable that his vessel was bound to Liver-
pool. The other circuinstauces depend on their afln'mation, but
I must say, that in tbcNC facts, diey have been uniform and steady.
I have thus long avoidvni troubling your Excellency with this case,
in ho|ies it would receive its tk'cision, in the ordinary comse of
law, and 1 relied, that that would indemnify the suflerers, if they
had been used unjustly : but though they have been in close con-
finement, now !iear three months, it has yet no appearance of ap-
proaching to decision. In the mean time, the cold of the winter
is coming on, and, to men in their siuiation, may produce events
which would render all indemnification too late. I must, therefore,
pray the assistance of 3 our Excellency, for the liberation of their
persons, if the established order of things may possibly admit of
it. As to their property, and their persona! sufferings hitherto, I

♦ 1

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356

have full confidence ihat the laws liave ptovKloJ <u,>.n' tribunal,
kvnere justice will be done U»eni. 1 enclose ;he o, inioi of an
a«;vjcale, forwarded to me by a gentleman whoiii 1 ha 1 d A'ircd to
obtain, A-om some judicious person of" that laculiy, a atiUe of their
case. This may perhaps give a better idea than 1 can, of tiie
situation of their c ausc. His inquiries have led him to believe
they are innocent mtu, but that they must lose their vessel under
the edict, which forbids those under thirty tons to approach the
coast. iVdmitting their innocence, as he does, I sliould suppose
them not tiie objects, on whom such an edict was meant to ou(uato.
The essential paj)ers, which he says they re-demanded bom him,
and did not return, were sent to me, at my desire.

I am, with sentiments of the highest respect, your Excellency's

most obedient and

most humble servant,

Th: Jefferson.

T^e case of Lister Jlsquith, owner of the schooner TVilliarn and
Catharine, fi'illiani jYVA'eil, captain, William Thomso)i, H'H-
liam JVeili/, Robert ^Indcrson, mariners, and H illiam Fuwlcr,
passenger.

Lister Asquith, citi/en of the State of Afarylrmd, having a law-
suit depending in England, which recjuired his presence, as in-
volving in its issue nearly his whole fortune, deiet Miined to go thi-
ther in a small schooner of his own, that he mi^^hv, at the same
time, take with him an adventure of tobacco and flour to Liver-
pool, where he had conuncrcial connections. Thi:) schooner, he
purchased as of fifty- nine md a quarter tons, as apj)ears by his
bill of sale, but she had '; i registered by her owner at twenty-
one tons, in order to evad^. mo double duties in England, to which
American vessels are now subject. He cleared out from Balti-
more for Liverpool, the 1 1th of .June 178r), with eight hogsheads
of tobacco and sixty barrels of flour, but ran aground at Smith's
point, sprung a leak, and was obliged to return to Baltimore, to
refit. Having stojjped his leak, he took his cargo on board again,
and his health being infirm, he engaged Captain William M'Neil*
to go widi him, and, on the 20th of June, sailed for Norfolk in

* This was the officer, who, on the evacuation of Fort Mifflin, after the Hri-
tiah had passeii the ciicvaux «ie frise on liu! Delaware, whh Uit't with lifttion
men to dnstroy the works, which ho did, and hiouirht oH'Iuh men successt'ully.
He had before that, been eomniander of tlio Hiittlesn.iko sloop of w.-ir. iuid
had much ann yed the British trade. Being bred a seamnn. he has returned
to that vocatici*.

357

Virginia, and, on the 22n(\, came to in Ha.npton road, ni the
mouth of the river on uhich iVorrulI> is. Lerminjz: l^erc, tlial to-
hacco would he ttetter than flour lor the Knslish nu'rkci, he lan(U>d
fifty harrels (>f iiis flour and one hojr head of tohacco, which he
found to he had, meaninti; to taivc, instead thereof, nine hogsheads
of tohacco more. But tlie same night it hegan to hlow very iiard,
witli mucii rain. Tlie 23d, tlie storm hecame more heavy ; they
let go hodi dieir anchors, hut were driven, notwithstanding, from
tiieir anchorage, forced to put to sea and to go hefore die wind.
The occurrences of dieir voyage will he hest detailed hy short
extracts from the loglx)ok.

^%.^

July

June 24. The weather heconics worse. One of the fore shrouds
and the foremast, carried away.
25. Shifted their hallast which tiirew them on Uieir hcam
ends, and shipped a very heavy sea.
Held a consultation ; the result of which, was, that
seeing thev were now driven so far to sea, and the
weather continuing still very bad, it was better to
steer for Liverpool, their port of destination, though
they had not their cargo on hoard, and no other
clearance but that which they took from liahimorc.
Juno 29. The first observation they had been able to take N.
lat. ,38*-^ 13'.
30. Winds begin to be light, but the sea still very heavy.
5. liiglit winds and a smooth sea for the first time, iu

W. 43*^ 12'.

9. Spoke a Blench brig, Comte D'Artois, Captain
Micnux,. from St. .Maloes, in distress for jiro-
visions. Relieved her with liiree barrels of ^ ir.
Aug. C. Thick weather and a strong wind.
Ahule the liands Knd of Knsiland.

7. Unable to fetch the laud, thereforo bore off for Srilly,

and came to with both anchor-. Drove, notwiih-
standing, and obliged to get up the anchors, and put
to sea, running southward!) .

8. Made the luul of France, but did not know what pari.

Here the logbook ends. At this time they had on board but
ten gallons of water, four or live barrels of bread, two or three
pounds of candles, no firewofxl. Their sails unlit to hi* trusted
to, any longer, and all their materials for im nding them, (xlr.iusted
hy the constant repairs which the \iolence of the weather had
called for. They therefore took a [tilol abonrd, who carried them

./?5

35»

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t

into Pont Duval ; but being informed by tiie captain of a vessol
there, tliat tlic scliooncr was too sharp bnilt (as the American ves-
sels mostly are) to lie in that port, they put out immediately, and
the next morning, the pilot brought them to anchor in the road of
the Isle de J3as. Asquith went innnediately to KoscatF, protesled
at the admiralty the true state of his case, and reported his vessel
and cargo at the custom house. In making the report of his ves-
sel, he stated her as of twenty-one tons, according to his register.
The oflicer informed him that if she was no larger, she would be
confiscated by an edict, which forbids all vessels, under thirty tons,
to appoach the coast. He told the oflicer what was the real tnilli
as to his register and his bill of sale, and was j)erniilled to rejjori
her according to the latter. He paid the usual fees of ten livics
and seven sols, and obtained a clearance. Notwithstanding this,
he was soon visited by other persons, whom Iuj supposes to luuc
been commis of the Fermes, who seised his vessel, carried her to
the |)ier, and confined the crew to the vessel and half the pier,
putting centinels over them. They brought a guagcr, who mea-
sured only her bold and part of her steerage, allowing nothing for
the cock))it, cabin, forecastle, and above one half of the steeratrc,
which is almost half the vessel, and thus made her contents (if thiii
had been of any importance) mu.cli below the truth. The tobacco
was weighed, and found to be six thousand four hundred and
eighty-seven j)ounds,* which was sent on the 18th, to Laudivisinn,
and on the I'Jth, they were committed to close prison at St. Pol
de Leon, where the\' have been confined ever since. They had,
when ihey first landed, some money, of which they were soon dis-
embarrassed by difierent persons, who, in various forms, under-
took to serve them. Unal)le to speak or understand a word of
I'lt language of tiie country, friendless, and left without nmnov,
tln^y have languished three months in a loathsome jail, without
any other sustenance, a great part of the lime, than what could
be procured for three sous a day, which have been fiimished them
to prevent their perishing.

They havt^ been r.iade to understand that a criu)inal process
!.-■ going on against them, under tv/o lieads. 1. As havir'-^ soiil
l()b-?cco in contraband ; and 2. as having entered a port of
France in a vessel of less than ihiriy tons burthen. In support ot

* A hogshead of tobacco woinfhs gnnorally, about ono thntisanH poundK,
•English, «><juul to nine liundrpd and seventeen poundfi Frcncli. Tlie seven
hognheads he sailed with, would therefore wciigh, aecording to this estiniiitf.
•.■i\ thousand ibur hundred ami tw»'nty-tln"oo pounds. They artually wciirhi'fl
more on the first essay. When atlerwards weighed at Jjandivisian, they had
lost eighty-four pounds en being rjirried into a drier air. Periiapit too. a differ-
ence of weights may lu' ;e entered uilo this apparent loss

iM)\)

tlic first cliaige, ihoy iiiKlorstand dial ilic circiiiustaiit'e is rolled
on, of tlu'ir having been seen oil' tlio coast hy the cinployi'S des
Fermos, ono or two days. Tlicy ackiiowli'di;;!' tlicy may liavo
been so seen wiiilc binuiiiu; off Pout Duval, till tbi-y could u;ct a
pilot, wbilo entcriiiii tbat [jort, and aj:;ain t^oing round iVoni tln.'nce
to tbe road of tlic Isle do Has. Tlie reasons for tbis Imve l)oen
explained. Tlicy further add, tbat all tbo liuic tbcy were at Pont
Duval, tbey bad a Kn^'s oHicer on board, from wbom, as well as
from tbeir |)ilot, and tlie captain, by ubose advice tbey left tbat
|iorl for tbe Isle de Has, information can be obtained by tbeir ac-
cusers, (wbo are not imprisoned) of the true motives for tbat mea-
sure. It is said to l)c uri^ed also, tbat tbere was found in tbeir
vessel some loose tobacco in a blanket, wbicb excites a suspicion
that tbey bad been sellii.g tol^acco. When they were fitowinc
their loading, tbey broke a hoL-jshead, as is always necessary, and
is always done, to fill up the stowage, and to consolidate and keep
tbe wliole mass firm, antl in place. The loose tobacco w hicb had
come out of the l>roken hogshead, tbey re-packed in bags : but in
the course of tbe distress of their disastrous voyage, they bad em-
ployed these bags, as they had done ev(My thing else c'tlie same
nature, in mending their sails. The condition of their sails, when
tbey came into port, will prove this, and tbey were seen by witnes-
ses (Miougb, to whom their accusers, being at tbeir liberty, can
have access. Besides, tbe sale of a part of their tobacco is a
fact, w hicb, bad it takcMi place, might have been proved ; but tbey
denv thai it has been jiroved, or t3ver can be proved by true men,
because it never existi'd. And they hope the justice; of this coun-
try does not permit strangers, seeking in her ports an asylum from
death, to be thrown into jail and continued there indelinitely, on
the possibility of a fact, without any proof. .Moie especially when,
as in tbe present case, a deiuouslration to the contrary is lurnished
bv their clearance, which shews thev never had more than eicht
hogsheads of tobacco on board, oi which one bad been put ashore
at Hampton in Virginia, as has been before related, and tbe seven
others remained when thev first entered port. If thev bad been
smugglers of tobacco, the opposite coast oliered a much fair«.'r
field, because the gain tliere is as great ; because tbey understtuid
the language and laws of die country, Uiey know its harbors and
coasts, and have connections in them. These circumstances are
so important to smugglers, dial ii is believed no instance has ever oc-
curred of the contraband of tobacco, atl«!mpt<'d on this side the
channel, by a crew wholly American. Be diis as it may, they are
not of that description of men.

As to the second charge, that they have entered a port of

1.1

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Hu

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300

m

a

Fr.'uuM; in a vessel of loss tlian thirty tons bnrthcn, tlicy, in the
firsl place, observe thiit they saw the ^ua^ei- nieasnre the vessel,
and aOiiin that his iii('th()(l of nieasiiiini; eonid render iitth* more
lluni half her true eoiitents: hut they s;\\, fintln'r, that were she;
helow the size of thirty tons, and, when enlerinu; the |)«>rt, had they
known of the; alternative of eithei' forfeilinu; their vessel and car^o,
or of iterishinu; at sea; they must still have entered the port: the
loss of their vessel and carno heini; tlu! lesser evil. IJut the cjia-
racter of tlu; lauiji\i'r assures them, that the intention of his laws
are perverted, when misapplied to persons, who, under their eir-
eumstances, laki; refuge in his ports. They liavc no occasion to
recur front his clemency to his justice, l)y claiminii; the benefit of
that article in iIh; treaty which binds the two nations toi^etber, and
which assures to the lugitivis of either from the (lami;ers of the
s(?a, a hospitable rece|)tion and necessary aids in the ports of the
other, and that, without measuring the size of their vessel.

U|)on the whole, they protest themstdves to have been as inno-
cent as \]\vy \\n\v \)vv\\ uidortunate. Instead of relief in a friendly
port, they have scu'u their mislortunes aggravated by the conduct
of oliieers, who, in their greinlini^ss for gain, can see in no cir-
cumstance any thing but proofs of guilt. They have already long
siiflercd and are still suftering, whatever scanty sustenance, an in-
clement season and close confinement, can oiler most distressing
to men who have been used to neither, and who have wives and
children at home participating of tlieir distresses; they are utterly
ignorant vA' the laws and language of tlu; country, where they are
sudering; they are (le|)riv*Hl ot that propinty which would have
enabled them to procure comisel, to place tlieir injuries in a true
li^ht; they are dislant from the stations of tliose who are ippointed
by thi'ir tountry, to palronist; their rigiits; they are not at liberty
to go to them, noi' ahle to have (,'ommuuication tiirough any other,
than the uncertain medium of the posts; and they see themselves
already ruined by the losses and dehiys they liave been made to
incur, and by the failure! of tlu; original object of their voyage.
They throw themselves, therel'ore, on the patrona2;eof the govern-
ment, and pray that its energy may be interposed in aid of tlu'ir
poverty and ignorance, to restore them to their liberty, and to ex-
tend to them that retribution, which the laws of every country mean
to extend to tliose wiio suffer unjustly.

m\

l.RTTHK i.XXXV

TO JOHN ADAMS.

, ' ' • » ' •»^ ". PariH, November JO, I7d'».

Dkar Silt, .' ; -

I wrote to you oiv tlio lltli of October, by Mr. Preston, and
again oil tbe l^tli of the same montli, by )X)st. Since tbnt, yours
of September tbe 25tb, by Mr. Boylston, of October tbe 24tb,
November tb6 1st, and November tbe 4tb, Imve come safe to
band. I will take up tiioir several subjects in order. Boylston's
object was, first, to disjws'j of a cargo of spermaceti oil, wbicb he
brougbt to Havre. A sccon<lary one, was to obtain a contract for
future supplies. I carried him to tbe Marquis de la Fayette. As
to bis first object, we are in bopes of getting the duties taken off,
which will enable him to sell bis cargo. This has led to discus-
sions with the ministers, which give us a hope that we may get the
duties taken off in perpetunm. This done, a most abundant
market for our oil will be opened by this country, and one which
will be absolutely dependant on us ; for they have little expecta-
tion themselves, of establishing a successful whale fishery. It is
possible they may only take the duties off of those oils, which shall
be the produce of associated companies of French and American
merchants. But as yet, nothing certain can be said.

I thank you for the trouble you have taken to obtain insurance
on Houdon's life. I place the thirty-two pounds and eleven shil-
lings to your credit, and not being able, as yet, to determine pre-
cisely how our accounts stand, I send a sum by Colonel Smith,
which may draw the scales towards a balance.

The determination of the British cabinet to make no equal
treaty with us, confirms me in the opinion expressed in your letter,
of October the 24th, that the United States must pass a navigation
act against Great Britain, and load her manufactures with duties,
so as to give a preference to those of other countries : and 1 hope
our Assemblies will wait no longer, but transfer such a power to
Congress, at the sessions of this fall. I suppose, however, it will
only be against Great Britain, and I think it will be right not to
involve other nations in tlie consequences of her injusrice. I take
for granted, that the commercial system wished for by Congress,
was such a one, as should leave commerce on the freest footing
possible. This was the plan on which we prepared our general
draught for treating with all nations. Of those with whom we
were to treat, I ever considered England, France, Spain and Por-
VOL. I. • 46

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362

tuajal ns capitally important; t\\o first two, on nccounl of their
American j)ossc.ssionH, the last, lor their Knropcan ns well as Ame-
rican. Spain is tireatinp; in America, and prohably will nive an
a(lvanta^eous treaty. l*orlii|i;al shews dispositions to do the sjnne.
France does not treat. It is likely enough she will choose to keep
the staff in licr own hands. Hnt, in the mi^in time, she gives us
an access to iier West Indies, which though not all we wisli, is yet
extremely valuable lo us: this access, indeed, is much affected
hy the late Jlirvts of the IBtli and 25th of Septemher, which I
enclose to you. I consider these as a reprisal lor the navigation
acts of Massachusetts and New Hampshire. The minister has
complained to me, oflicially, of these acts, as a departure from the
reciprocity stiptdatc^d for hy the treaty. I have assured him that
his complaints shall be communicated to Congress, and, in the
mean time, observed that the example of discriminating bi tween
foreigners and natives, had been set by the Arret of August, 1784,
and still more remarkably by those of September the IHth, and
25th, which, in eflect, are a prohibition of oiu' fish in their islands.
However, it is IxMtcr for us, that both sides should revise what
they have done. I am in hopes this country did not mean these
as permanent regulations. INlr. Bingham, lately from Holland,
tells me that the Dutch are much dissatisfied with these acts. In
fact, I expect tli(; European nations, in general, will rise up against
an attenijrt of this kind, and wage a general commercial war
agauist us. They caii do w ell witliout all our commodities, except
tobacco, and we cannot find, elsewhere, markets for them. The
selfishness of England alone, will not jiistify our ha/arding a con-
test of this kind against all Europe. Spain, Portugal and France,
have not yet shut their doors against us: it will be time enough,
when they do, to take up the commercial hatchet. I hope, there-
fore, those States will repeal their navigation clauses, except as
against Great Britain and other nations not treating with us.

I have made tlie inquiries you desire, as h, American ship timber
for this country. You know they sent some person (whose name
was not told us) to America, to examine the quality of our masts,
spars, Sic. I think Uiis was young Chaimnont's business. They
have, besides this, instructed the officer who superintends their
supplies of masts, spars, &,c., to procure good quantities from our
northern States ; but I think they have made no contract : on the
contrary, that they await the trials projected, but with a letermina-
tion to look to us for considerable supj)lies, if they find our timber
answer. They have on tlie carpet a corttract for live oak from
the soudiern States. ~ ' j * ^ * ' , ' * •» '. '

You ask why the Virginia merchants do not learn to sort their

3r)3

i

own tobaccos ? Tliey can lort ihcnfi as well as any oilier mor-
cliQMts wlmtovor. JVothinji; is better known than die (|U}iIity of
cvriy liogsbead of tobacco, from tJiu i)la('C of its {j;ro\vtb. They
know, too, the particular r|uaiities required in every market. They
do not send tlxir tobaccos, therefore, to I^c^ndon to be sorted, but
^ to pay tlieir debts : and tiiough they could send them to oUier
nuirkets, and remit llie money to Ix)ndon, yet tiioy fnid it iveces-
sary to give their Englisli mercliant the benefit of the consign-
ment of their tobacco, (which is enormously gainful) in order to
induce liim to continue liis in(hdgence for the balance tlue.

Is it impossible to persuade our eoinitryuien to n»ak<' |)eacc
with the Nova Scotians ? I am persuaded nothing is wanting but
/ advances on our part ; and that it is in om- power to draw oil' the
greatest proportion of that settlement, and thus, to free omselvcs
from rivals who may become of consequence. We are, at present,
co-operating with (ireat Britain, w hose policy it is, to giv(! alitn lit
to diat bitter enmity between her States and ours, which may se-
cure her against their ever joining us. But would not llie existenc
of a cordial friendship between us antWunn, be the best bridle we
could possible put into the mouth of England ?

With respect to the Danish business, you will observe that the
instructions of Congress, article 3, of October the 21)tli, 178.J, put
it entirely into die hands of the Ministers Plciiipotcntiunj of the
United States of Aincrica at the court of f^ersnUlcs, empowered to
nes^otiate a peace^ or to any one or morr of them. At tiiat time, I
did not come under this description. I had received the permis-
sion of Congress to decline coming, in the spring preceding that
date. On the first day of November, ITSo, th;it is to say, two days
after the date of the instructions to the commissioners, Congress
recommended John Paul Jones to the .Minister Plenipotentiary of
the tJnited States, at Versailles, as agent, to solicit under his di-
rection, die payment of all prizes taken in Europe, under Iiis
command. Hut the object under their view, at that time, was
assuredly the money due from the court of Versailles, for tiie
prizes taken in the expedition by die IJon liomme Richard, die
Alliance, &ic. In this business, I have aided him ellectually, hav-
ing obtained a definitive order for ))aying the money to him, and
a considerable propoitior; being actually l)aid him. But they could
not mean by dieir resoliition of November the 1st, to take from
the commissioners, powers which they had given them two days
before. If there could remain a doubt Uiat this whole |')ower has
resulted to jou, it would be cleared up by the instructions of May
the 7th, 1 784, article 9, which declare, ' that these instructions be
considered as supplementary^ to those of October the 29th, 1783,

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and not as revoking, except where they contradict tliem;' which
shews that they considered the instructions of October the 29th,
1783, as still in full forcp., T do riot give you the trouble of tliis
discussion, to save myself the trouble of the negotiation. 1 should
have no objection^ to this part : but it is to avoid th^ impropriety of
naeddling in a matter wherein I am unauthorised to act, arid where
any thing I should pretend to conclude with tli3 court of Denmark,
might have the appearance of b deception on thendi. Should it be
in my power to render any service in il, I shall do it with cheer-
fukiess ; but I repeat, that I think you are the • only person au-
thorisedi

I received, a few days ago, the Nuova minuta of Tuscany,
which Colonel Humphreys will deliver you. I have been so en-
gaged, that I have not been able to go over it with aiiy attention.
I observe, in general, that the order of the articles is entirely de-
ranged, and. their diction almost totally changed. When ydu shall
have examineld it, if you will be so good as to send me your ob-
servatrons by post, in cypher, I will communicate with you in the
same way, atid try to matim? this matter.

The deaths of the" Dukes of Orleans and Praslin, will probably
reach you thrciigh the channel of the public papers, before this
letter does. Your friends the Abbes are well, and alvvays speak
of you wkh auction.- Colonel Humphreys comes to pass some
tinle in Londori. My curiosi^ would render a short trip thither,
agreeable to me also, but I see no probability of taking it. ! will
trouble you with my rei^ects to Dr. Price. Those to Mrs.
Adains,< I witness in a letter to herself. ^

1 am, with very great esteem, Dear Sir,
your most obedient,

and most humble servant, V ^ '
Th: Jeft erson.

' :, >

LETTER CXXXVl.

Xt> .

TO THE COUNT DE VERGENNES.

Sir,

Fans, Novembsr 20, 1785.

I found here, on my return from Fontainebleau^ the letter of
October the 30rii, Which your Excellency did rae the honor there,
of informing me had been addressed to me at this place ; and I
shall- avail myself of the first occasion of transmittinjg it to Con-

365

^rees, who will receive, witli great pleasure, these new assurances of
the friendly sentiments, which his Majesty is pleased to continue
towards the United Stries.

I am equally persuaded they will* pay the most serious attention
to th?it part of your Excellency's letter, which mentions the infer-
madoh you have received of certain acts or regulations of naviga-
tion and commerce, passed in some of the United States, which
are injurious to the commerce of France. In the mean time, I
wish to remove the unfavorable impressions which those acts seera
to have made, as if they were a departure from tlie reciprpcity of
conduct, stipulated for by tlie treaty of February the 6th, 1776v
The effect of that treaty, is, to .place each party with the other,
always on the foe ting oilhe most favored nation. But those who
framed the acts, probably did not consider the treaty as restraining
either, from- disc rinniinating between foreigners and natives. Yet
this is the sole effect of these acts. The same opinion as to the
meaning of the treaty, seems to have beefi entertained by this go-
vernment, both before and since the date of tliesQ- acts. For the
Arret of the King's Council, of August the 30th, 1784j furnished
an example of such a discrimination between foreigners and natives,
importing salted fish into his Majesty's dominions in the West In- •
dies; by laying a duty on that imported by foreigners, and giving
put the same, in bounty, to native importers. This opinion shews
itself mOTe remarkabiy in the. late Arrets of the 18th and 25th of
September, which, increasing to excess the duly on foreign import-
ations of fish iiito the West Indies, giving the double, in bounty, on
those of natives, and thereby rendering it impossible for the former
to sell" in competition with the latter, have, in effect, prohibited the
importaticm of that article by the citizens -of the United States.

Both patiohs, perhaps, may come into the opinion, that thei):
friendship and their interests may be better cemented, by approach-
ing the condition of their citizens, reciprocally ^ to that of natives,
as a better ground of intercourse than that of the most favored na-
tion. I shall rest with hopes of being authorised, ih due time, to
inform your Excellency that nothipg will be wanting, on our part,
to evince a disposition to concur in revising whatever regulations,
may, on either side, bear hard on the commerce of the other na-
tion. In the mean time^ I have the honor to assure you of the
profound respect atid esteem, with which" '

I have {he honor to be, your Excellency's

most obedient and most humble servant, •

Th: Jefferson. '

f:S

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366

• Iv

\ 3

LETTER CXXXVU.

Sir,

•TO LISTER ASqjtJITH. •'. ' , •,

' ■..»•-■■ •,*'*!•*

. ' •. Paris, November 93,1^85.

i hare received your letter of the 14th instant. It was not till
the dth' of this month) that I could obtain information from any
qunrter« of the particular court in which yoyr prosecution was in-
stituted, and the ground on which it was founded. I then received
it through the hands of Monsieur Desbordes, at Brest. I have sent
to the Count de Vergennes a statement of your case, of which the
enclosed is a copy. I wish you would read it over, and if there

•be apy fact stated in it, which is wrong, let me know it, that I may
have it corrected. I at the same time, wrote him an urgent letter
in your behalf. J 4iave daily expected an answer, which has oc-
casioned my deferring writing to you. The moment I receive
one,' you may be assured of my communicating it to you. My
hopes are, that I may obtain from < the King, a discharge of the

• persons of all of you : but, probably, your vessel and cargo must
go through a process. I have sincerely sympathised with yonr
misfortunes, and have taken every step in my power, to get into the

*rig,ht line for obtaining relief. If it wiU add any comfort to your
situation and that of your companions, to be assured that I never
lose sight of your sufferings, and leave nothing undone to extricate
you, you have that assurance. I am, Sir,

•' ' your very humble servant,

. • . . Th : JXFFERSON.

^^^•^'^,

■.v\.

LETTEH cxxxviii.

TO. JOIJIN ADAMS. '

■■^^.K.

, • . ' " : ^ans, November 27, 1785.,

Dear Sib, '

Your favor of the 5th, came to hand, yesterday, and Colonel
Smith, and Colonel Humphreys, (by whom you will receive one of
the 19th, from me) being to set out tomorrow, f hasten to answer
it. I sincerely rejoice that Portugal is stepping forward in the busi-
ness of treaty, and that there is a probability that we may at length
do something under our commissions, which may, produce a solid

■\ r »

( .•

;o answer

.' ' -.'" - 367 .: ■

.,■■..• .-...• •."••'•'■■' • • -'

benefit to our constituents. I as much rejoice, that it is not to be
negotiated through the medium of the torpid, uninformed machine^
at first maile Use of. I conjecture, fi?om your relation of the con-
ference ^♦ith the Chevalier de Pinto, that he is weW informed and
sensible. So much the better. It is one of those cases, where
the better the interests of the two parties are understood^ the
broader will be the basis, on "which they will connect them.

To tlie very judicious observations on the subjects of the con"-
ference, which were made by you, I have little to add.
4 -Flour. It may be observed, . that we can sell them the flour
ready manufactured, fbr much less than the wheat of which it is
made. In carrying to them wheat, we carry also the bran, which
does not pay its own freight. In attempting to save and transport
wheat to them, much is lost by the weavil, and much spoiled by
heat in the hold of the vessel. This loss must be laid on (tie wheat
which gets safe to market, where it is paid for by the consumer.
Now, this is much more than the cost of rrtanufacturing it with us,
which would prevent that loss. I suppose the cost of manufac-
turing does not exceed seven per cent on the value. But tlie loss
by the weavil, and other damage on ship board, amount to much
more. Let them buy of us as much wheat as will make a hun-
dred weight of flour. They will find that they have paid more
for the wheat, than we should have- asked for the flour, besides
having Ipst the labor of their mills in grinding it. The obliging
us, therefore, to carry it to them in die form of wheat, is a useless
loss to botli. parties. .!'*•*;'*-■' ^'

Iron. They will get none from us.* We cannot njajce it in
competiuon with Sweden, or any other nation of Europe, where
labor is so much cheaper.

Wines. The strength of the wines of.. Portugal, will giv^ them
always an almost exclusive possession of a country, where the sum-
mers are so hot as in America. The present demand will be very
great, if they will enable us to pay for them; but if they consider
die extent and rapid population of the United States, tbey must
see that the time is not distant, when they will not be able to make
enough for us, and that it is of great importance to avail themselves
of the prejudices ah'eady established in favor of their wines, and to
continue them, by faciUtating the purchase. Let them do this, and
they need not care for the declicfe of their use in England. They
will be independent of that country. '

Salt. I do not know where the northern States supplied thqttj-
selves with salt, but the southern ones took great quantities from
Portugal. '

Cotton and Wool. The southern States will take manufactiwcB-

' f.

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I . ,,

368

of both :, the northprn, will take bpth the manufacture^ and m\v
materials. , ,

East India goods of every kind. Philadelphia, and New York
have begun a trade to the East Indies. , Perhap$ Boston may fol-
low their example. But their importations will be sold only to the
country adjacent to them. For a long time to come, the States
south of tha Delaware, Will not engage in a direct commerce with
the East Indies. They neither have, nor will have ships or sea-
men for their other commerce : nor will they buy East India goods
of; the northern States. Experience shews (hat the States never
bought foreign goods of one another. The reasons are, that they
would, in so doing, pay double freight and charges ; and again, that
they would have to pay mostly in cash, what they could obtain for
commodities, in Europe. I know that the American merchants
have looked, with some anxiety, to the arrangements to be taken
with Portugal, in expectation tliat they could,, through her, get their
East India articles op better and more convenient terms; and I
am of opinion, Portugal will. come in for a good share of this traffic
with the southerji States, if they facilitate our payments.

Coffee. Can they not furnish us with this article from Brazil ?

Sugar. The Brazil sugars are esteemed, witli us, more than
any other.

..' Chocolate: This article, when ready made, ass also the cocoa
becomes so soon, raiicid, and the difficulties of getting it fresh,
havelbeen so great in America, that its use has spread but little.
Tlie way to increase its consumption, would be, to permit it to be
brought to us immediately from the country of its growth. By
getting it good in quality, and che^p in price,, the superiority of
the article, both fqr health and nourishment, will soon give it th^
same preference over tea and coffee in America, which, it ha^ in
Spain, where they can" get it by a single voyage, and, of course,
wnil^ it is sweet. The use of the sugars, coffee, and cotton of
Brazil^ would also foe much extended by a similar indulgence.

Ginger and spices from the Brazils, if they had the advantage
of a direct transportation, might take placp of the same articles from
the East Indies;

Ginseng. . We can furnish them with enough to supply their
whole demand for the East Indies.

They should, be prepared to * expect, that in the beginning of
this commerce, more money w;ill be taken by us, than after a
while. The reasons are., that our ' heavy debt to Great Britain
HiMst be paid,, before we shall be masters of our own returns ; and
again, that habits of using particular things, are produced QiHy^
time and practice, j. . . ,

■ . ■ '^ . * .''-■'',' \

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-.HI*

369

ining of
after a
Britain
and

That as little time as possible may be lost in this negotiation, I
will Communicate to you, at once, my sentiments as to the altera-
tions in the draught sent them, which will probably be proposed
by them, or which ought to be proposed by us, noting only those
articles.

Article 3. They will probably restrain- us to their dominions in
Europe. We must expressly include the Azores, Madeiras, and
Cape de Verd islands, some of which are deemed to be in Africa.
We should also contend for an access to their possessions in Ame-
rica, according to the gradation in the 2nd article of our instruct-
ions, of May the 7th, 1784. But if we can obtain it in no one
of these forms, I am of opinion we should give it up. '

Article 4. This should be put into the form we gave it, in the
draught sent you by Dr» Franklin and myself, for Great Britain.
I think we had not reformed this article, when we sent our draught
to Portugal. You know, the Confederation renders the reforma-
tion absolutely necessary ; a circumstance which had escaped us
at first.

Article 9. Add, from the British draught, the clause about
wrecks.

Article 13. The passage ' nevertheless,' he. to run as in the
British draught.

Article 18. After the word ' accident,' insert * or wanting sup-
plies of provisions or other refreshments.' And again, instead of
* take refuge,' insert ' come,' and after ' of the other' insert ' in
any part of the world.' The object of this, is to obtain leave for
our whaling vessels to refit and refresh on the coast of the Brazils ;
an object of immense importance to that class of our vessels. We
must acquiesce under such modifications as they may think neces-
sary, for regulating this indulgence, in hopes to lessen them in time,
and to get a pied a terre in that country.

Article 19. Can we get this extendeJ to the Brazils ? It
would be precious in case of a war with Spain.

Article 23. Between ' places' and * whose,' insert * and in
general, all others,' as in the British draught.

Article 24, For ' necessaries,' substitute ' comforts.'

Article 25. Add ' but if any such consuls shall exercise com-
merc ,' &,c. as in the British draught.

We, should give to Congress as early notice as possible, of the
re-institution of this negotiation ; because, in a letter by a gentleman
who sailed from Havre, the 10th instant, I communicated to them
the answer of the Portuguese minister, through .the ambassador
here, which I sent to you. They may, in consequence, be makiftg
other arrangements which might do injury. The little time which
VOL. I. • . 4T *

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■ , t' . ^ : 370 •• ■'..'. , '

now remains, of the continuance of our commissions, sliould also
be used with the Chevalier de. Pinto, to hasten the movements of
his court.

But all these preparations for trade with Portugal, will fail in
their effect, unless the depredations of the Algerines can be pre-
vented. I am far from confiding in ,the measures taken for this
J • . purpose. Very possibly war must be recurred to. Portugal is at
war with them. Suppose the Chevalier de Pinto was to be sound-
ed on the subject of an union of force, and even a stipulation for
contributing, each, a certain force, to be kept in constant cruise.
Such a league once begun, other nations would drop into it, one
by one. If he should seem to approve it, it might then be sug-
• . gested to Congress, who, if they should be forced to try the mea-
sure of war, would doubtless be glad of such an ally. As the
Portuguese negotiation should be hastened, I suppose our com-
munications must often be trusted to the post, availing ourselves
of the cover of our cypher.

I am, with sincere esteem, Dear Sir,
;. your friend and servant,

> ^ •.;/•. Th: Jefferson.

'^S*'

. 'Jf ■•■-

-■•»- • * .

Y I'ETTER CXXXIX. l'
^ TO COLONEL HUMPHREYS.

• Paris, December 4, 1785.

Dear Sir, ; ,

I enclose you a letter from Gatteaux, observing that tliere will
be an anachronism, if, in making a medal to commemorate the
victory of Saratoga, he puts on General Gates the insignia of tlie
•Cincinnati, which did not exist at that date. I wrote him, in an-
swer, that I thought so too, but that you had tlie direction of the
business ; that you were now in London ; tliat I would write to you,
ard probably should have an answer within a fortnight ; and, that
in the mean time, he could be employed on other parts of the die.
I supposed you might not have observed on the print of General
Gat6s, the insignia of the Cincinnati, or did not mean that that
particular should be copied. Another reason against it strikes me.
Congress have studiously avoided giving to the public, their sense
of this institution. Should medals be prepared, to be presented
from them to certain officers, and bearing on them the insignia of
the order, as the presenting them would involve an approbation of

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371

llie institution, a previous question would be forced on them, wlie-
iher they would present these medals ? I am of opinion it would
be very disagreeable to them, to be placed under tlie necessity of
making this declaration. Be so good as to let me know your
wishes on this subjeqt, by the first post-
Mr. Short has been sick ever since you left us. Nothing new
has occurred here since your departure. I imagine you have
American news. If so, pray give us some. Present me affec-
tionately to Mr. Adams and the ladies, and to Colonel Smidi ; and
be assured of the esteem with which I am, Dear Sir,

your friend and servant,

Th: Jefferson.

#-

LETTER CXL. ' ' ••

TO JOHN ADAMS. •

m, m an-

" . . . Paris, December 10, 1785.

Dear Sir, ^«v.

On the arrival of Mr. Boylston, I caiTied him to the Marquis
de la Fayette, who received from him communications of his ob-
ject. This was to get a remission of the duties on his cargo of
oil, and he was willing to propose a future contract. I suggested
however to the Marquis, when we were alone, that instead of
wasting our efforts on individual applications, we had better take
up the subject on general ground, and whatever could be obtained,
let it be commoi to all. He concurred with me. As the jealousy
of office between ministers, does not permit me to apply immedi-
ately to the one in whose department this was, the Marquis's agency
was used. The result was, to put us on the footing of the Hanse-
atic towns, as to whale oil, and to reduce 'the duties to eleven
livres and five sols for five hundred and twenty pounds, French,
which is very nearly two livres on the English hundred weight, or
about a guinea and a half the ton. But the oil must be brought
in American or French ships, -and the indulgence is limited to one
year. However^ as to this, I expressed to Count de Vergennes
my hopes that it would be continued ; and should a doubt arise, I
should propose, at the proper time, to claim it under tlie treaty^on
llie footing gentis amicissima. After all, I believe Mr. Boylston
has failed of selling to Sangrain, and, from what I learn, through
a little too much hastiness of temper. Perliaps they may yet
come together, or he may sell to somebody else.

■ i«ss

i

. . ■% ' .• .372 .

When tlio general matter was thus arranged, a Mr. Barrett ar-
rived here from Boston, with letters of recommendation from Go-
vernor Bowdoin, Gushing and others. His errand was, to gel the
whale business liere put on a general bottom, instead of the par-
ticular one, which had been settled, you know, the last year, lor a
special company. We told him what was done. He thinks it
vyill answer, and proposes to settle at L'Orient, for conducting the
sales of the oil, and the returns. I hope, tlierefore, that this mat-
ter is tolerably well fixed, as far as the consumption of this country
goes. I know not, as yet, to what amount that is; but shall en-
deavor to find out how much they consume, and how much they
furnish themselves. 1 propose to Mr. Barrett, tliat be should in-
duce either his State or individuals, to send a sufficient number of
boxes of the spermaceti candle, to give one to every leading
house in Paris ; I mean to those who lead the ton : and at the
same time, to deposite a quantity for sale here, and advertise them
'in the petites affiches. I have written to Mr. Carmichael, to know
on what footing the use and introduction of the whale oil is there,
or can be placed.
- I have tlie honor to be, with very sincere esteem. Dear Sir,

s .. your most obedient humble servant,

Th: Jefferson.

LETTER CXLI.

TO JOHN ADAMS.

Paris, December 11, 1785. •
Dear Sir,

Baron Polnitz not going off till to day, enables me to add some
ififormation whiqh I received from Mr. Barclay this morning.
You know the immense amount of Beauraarchais' accounts wiUi
the United States, and that Mr. Barclay was authorised to settle
them. Beaumarchais had pertinaciously insisted on settling them
with Congress. Probably he received from them a denial ; for
just as Mr. Barclay was about to set out bnthe jo':rney wb des-
tined him, Beaumarchais tendered him a settlement. It was
thought best not to refuse this, and that it would produce a very
sliort delay. However, it becomes long, and Mr. Barclay thinks
it will occupy him all this month. The importance of the account,
aud a belief that nobody can settle it so well as Mr. Barclay, who

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373

is intimately acquainted with most of tlic articles, induce me to
think we must yield to this delay. Be so good as to give me
your opinion on this siiHject.

I have tlic honor to be, with very great esteem, Dear Sir,

your most obedient and •

most humble servant,

Th: Jefferson.

LETTER CXLII.

TO THE COUNT DE VERGENNES.

Sir,

Paris, December 21, 1785.

I have received this moment a letter, of which I have the honor
to enclose your Excellency a copy. It is on the case of Asquith
and others, citizens of the United States, in whose behalf I had
taken the liberty of asking your interference. I understand by
this letter, that they have been condemned to lose their vessel and
cargo, and to pay six thousand livres and the costs of the prose-
cution, before the 25th instant, or to go to the galHes. This pay-
ment being palpably impossible to men in their situation, and the
execution oi the judgment pressing, I am obliged to trouble your
ExceUency again, by praying, if 3ie government can admit apy
mitigation of their sentence, it may be extended to them, in time
to save their persons from its effect.

I have the honor to be, with very great respect,
your Excellency's most obedient

and most humble servant,

» . Th: Jefferson.

LETTER CXLIIL

TO THE GOVERNOR OF GEORGIA.

Sir,

Paris, December 22, 1785.

The death of the late General Oglethorpe, who had considera-
ble possessions in Georgia, has given rise, as we understand, to
questions whether those possessions have become the property of
the State, or have been transferred by his will to his widow, or

«

374

descended on tlie nearest heir cnpabic in law of talcing them. In
the latter case, tl)e Chevalier de Mezieres, a subject of France,
stands foremost, as being made capable of the inheritance by the
treaty between this cpimtry and tlio United States. Under the
regal government, it was the practice with us, when lands passed
to the crown by escheat or forfeiture, to grant them to such rela-
tion of the partv, as stood on the fairest ground. This was even
a chartered right in some of the States. The practice has been
continued among them, as deeming that the late Revolution should,
in no instance, abridge the rights of the people. Should this have
been the practice in tlie State of Ceorgia, or should they, in any
instance, think proper to admit it, I am persuaded none will arise,
in which it would be more expedient to do it, than in the present,
and that no person's expectations should be fairer than those of the
Chevalier de Mezieres. He is the nephew of General Oglethorpe,
he is of singular personal merit, an officer of rank, of high connec-
tions, and patronised by the ministers. His ease has drawn their
attejitidn, and seems to be considered as protected by the treaty
of alliance, and as presenting a trial of our regard to that. Should
tliese lands be considered as having passed to the State, I take the
liberty of recommending him to the legislature of Georgia, as wor-
thy of their generosity, and as presenting an opportunity of prov-
mg the favorable dispositions which exist throughout America, to-
wards the subjects of this country, and an opportunity too, which
will probably be known and noted here.

In the several views, therefore, of personal merit, justice, gene-
rosity and policy, I presume to recommend the Chevalier de
Mezieres, and his interests, to the notice and patronage of your
Excellency, whom the choice of your country has sufficiently
marked, as possessing tlie dispositions, while it has, at the same
time, given you the power, to befriend just claims. The Chevalier
de Mezieres will pass over to Georgia in the ensuing spring ; but,
should he find an opportunity, he will probably forward this letter
sooner. I have the honor to be, with sentiments of the most pro-
found respgct,

your Excellency's most obedient,

. and most humble sei-vant,
* " Tu: Jefferson.

ed.

I'

it

»
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375

I.KTTKR «;X LI V.

TO TIIK (JKOROIA DFXP.OATES IN ». ONrRESS.

. ;. I'arin, Decombor 22, 1785.

Gentlemen,

By my {los|)atch to Mr. Jay, whicli nccoinpanlos this, yoii will
perceive that the claims of the Cliovalier do JVI(!/ii!res, uepljevv to
the late General Oglethoipc, to his jwssossions within your Stiite,
have attracted tlie attention of the ministry here ; and that consi-
dering Uiem as protected by their treaty with us, they have vie\ved
as derogatory ot that, the doubts which have been expressetl on
the subject. I have thought it best to present to them those claims
in the least favorable point of view, to lessen, as much as possible,
the ill effects of a disappointment : but I diink it my duty to ask
your noticH and patronage of this case ; as one whose decision will
have an effect on the general interests ol the Union.

The Chevalier do Mezieres is nephew to General Oglethorpe ;
he is a person of great estimation, powerfully related and protect-
ed. His interests are esjx)used by those whom it is our interest
to. gratify. I will take the liberty, therefore, of soliciting your re-
commendations of him to the generosity of your legislature, and to
the patronage and good offices of your friends, whose efforts,
though in a private case, will do a public good. The pecuniary
advantages of confiscation, in tliis instance, cannot compensate its
ill effects. It is difficult to make foreigners understand those legal
distinctions between the effects of forfeiture, of escheat, and of
conveyance, on which the professors of the law might build their
opinions in tliis case. They can see only the oudines of the case ;
to wit, the death of a possessor of lands lying witliin the United
States, leaving an heir in France, and the State claiming those
lands in opposition to the heir. An individual, thinking himself in-
jured, makes more noise than a State. Perhaps, too, in every case
which either party to a treaty thinks to be within its provisions, it is
better not to weigh the syllables and letters of the treaty, but to
shew that gratitude and affection render that appeal unnecessary.
I take the freedom, therefore, of submitting to your wisdom, the
motives whjch present themselves in favor of a grant to the Che-
valier de Mezieres, and the expediency of urging them on your
State, as far as you may think proper.

I have the honor to be, with sentiments of the highest respect,
Gentlemen,

your most obedient
^ . and most humble sei-vant,

• ' . Th : Jefferson.

376

LETTER CXLV.

TO JOHN ADAMS.

Paris, December 27, 1785.

Dear Sir,

Your, favors of the 13th and 20th, were put into my liands to
day. This will be delivered you by Mr. Dalrymple, secretary to
the legation of Mr. Crawford. I do not know whether you were
acquainted with him here. He is a young man of learning and
candor, and exhibits a phenomenon I never before met with, that
is, ^ republican born o" the north side of the Tweed.

You have been consulted in the case of the Chevalier de Me-
zieres, nephew to General Oglethorpe, and are understood to have
given an opinion derogatory of our treaty with France. I was
also consulted, and understood in the same way. I was of opinion,
the Chevalier had no right to the estate, and as he had determined
the treaty gave him a right, I suppose he made the inferenc6 for
me, that the treaty was of no weight. The Count de Ver^ennes
mentioned it to me in such' a manner, that I found it was neces-
sary to explain the case to him, and shew him that the treaty had
nodiing to do with it. I enclose you a copy of the explanation I
delivered him.

Mr. Boylston. sold his cargo to an agent of Monsieur Sangrain.
He got for it fifty-five livres the hundred weight. I do not think
that his being joined to a company here, would contribute to its
success. His capital is nbt wanting. Le Conteux has agreed
tiiat the merchants of Boston, sending whale oil here, may draw
on him for a certain proportion of money, only givkig such a time
in their drafts, as will admit the actual arrival of the oil into a
port of France, for his curity. Upbn these drafts, Mr. Barrett
is satisfied they will be able to raise money, to make their pur-
chases in America. The duty is seven livres and ten sols on the
barrel of five hundred and twenty pounds, French, and ten sous
on every livre, which raises it to eleven Uvres and five sols, the
sum I mentioned to you. France uses between five and six mil-
lions of pounds' weight, French^ which is between three and four
thousand tons, English. Their own fisheries do not furnish one
million, and tliere is no probability of their improving. Sangrain
purchases hioself, upwards of a million. He tells me our oil is
better than the Dutch or English, because we make it fresh,
whereas they cut up the whale, and bring it ho.ne to bq made, so
that it is, by that time, entered into fermentation. Mr. Barrett

377

says, that fifty livres the hundred weight, will pay the prime cost
and duties, and leave a profit of sixteen per cent to the merchant.
I hope that England will, within a year or two, be obliged to come
here to buy whale oil for her lamps.

I like as little as you do, to have the gift of appointments. I hope
Congrf^ss will not tranfer the appointment of their consuls, to their
mini^ is. But if they do, Portugal is more naturally under the su-
perintendance of the minister at Madrid, and still more naturally un-
der that of the minister at Lisbon, where it is clear they ought to
have one. If all my hopes fail, the letters of Governor Bowdoin
and Cushing, in favor of young Mr. Warren, and your more de-
tailed testimony in his behalf, are not likely to be opposed -by evi-
dence of equal weight, in favor of any other. I think with you,
too, that it is for the public interest to encourage sacrifices and
services, by rewarding them, and that they should weigh to a cer-
tain point, in the decision between candidates.

I am sorry for the illness of the Chevalier Pinto. I think that
trcE-ty important : and the moment to urge it, is that of a treaty be-,
tween France and England.

Lambe, who left this place the 6th of November, was at Ma-
drid the 10th of this month. Since his departure, Mr. Barclay
has discovered that no copies of the full powers were furnished to
himself, nor of course to Lambe. Colonel Franks has prepared
copies, which I will endeavor to get, to send by this conveyance
for your attestation : which you will be so good as to send back
by the first safe conveyance, and I will forward theirj. Mr. Bar-
clay and Colonel Franks being at this moment at St. Germain's, I
am not sure of getting the papers in time to go by Mr. Dalrymple.
In that case, I will send them by Mr. Bingham.

Be- so good as to present me affectionately to Mrs. and Miss
Adams, to Colonels Smith and Humphreys, and accept assume ;s
of the esteem with which I an. Dear Sir,

* . . your friqnd and servant,

' -. • , Th: Jefferson.

VOL. I.

48

so
rett

• ■ T.* ■

378

LEJTER CXLVI.

TO JOHN JAY.

ft.

Sir,

Paris, January 2, 178fi.

Several conferences and letters having passed between the
Count de Vergennes and ijtyself, on the subject of the commerce
of this country with the United States, I think them sufficiently
interesting to be communicated to Congress. They are stated in
the form of a report, and are herein enclosed. The length of
this despatch, perhaps needs apology. Yet 1 have not been able
to abridge it, without omitting circumstances which I thought Con-
gress would rather choose to know. Some of the objects of these
conferences present but small hopes for the present, but. they seem
to admit a possibility of success at some future moment.

*

*

*

*

' I am. Sir, your most obedient and > ' •

most humble servant,
• ' ^ • . V Th: Jefferson.

, [The following is an extract from the report referred to in the
preceding letter, embracing every thing interesting therein, not
communicated to the reader in the previous correspondence.]

^""^ *

*

*

*

The next levee day at Versailles, I meant to bring again under
the view of the Count de Vergennes, tlie whole subject of our
commerce with France ; but the number of audiences of ambas-
sadors and other ministers, which take place, of course, before
mine, and which seldom, indeed, leave me an opportunity of
audience at all, prevented me- that day. I was only able to ask
of the Count de Vergennes, as a particular favor, that he would
permit me to wait on him some day that week. He did so, and I
went to Versailles the Friday following, (the 9th of December.)
M. de Reyneval was with the Count. Our conversation began
with the usual topic ; that the trade of the United Slates had not
yet learned the way to France, but continued to centre in Eng-
land, though no longer obliged by law to go there. I observed, that
the real cause of this, was to be found" in the difference of the
commercial arrangements in the two countries ; that merchants
would not, and could not trade but where there was to be some
gain; tliat.the commerce between two countries could not be kept
up, but by an exchange of commodities; that, if an American

379

merchant Avas forced to carry his produce to London, it could not
be expected he would make a voyage from thence to France,
with the money, to lay it out here ; and, iri like manner, that if he
could bring his commodities, with advantage, to this country, he
would not make another voyage to England, with the money, to
lay it out there, but would take in exchange the merchandise of
this country. The Count de Vergennes agreed to this, and par-
ticularly, that where there was no exchange of merchandise, there
could be no durable commerce ; and that it was natural for mer-
chants to take their returns in the port where they sold their cargo.
I desired his permission then, to take a summary view of the pro-
ductions-of tlie United States, that we might see which of them
could be brought here to advantage.

1. Rice. France gets from the Mediterranean a rice not so
good indeed, but cheaper than ours. He said that they bought of
our rice, but that they got from Egypt also, rice of. a very fine
quality. I observed that such was the actual state of their com-
merce, in that article, that they take litde from us. 2. Indigo.
They make a plenty in their own colonies. He observed that tliey
did, and that they thought it better than ours. 3. Flour, fish, and
provisions of all sorts, they produce for themselves. That these
articles might, dierefore, be considered as not existing, for com-
merce, between the United States and the kingdom of France.

I proceeded to diose capable of becoming objects of exchange
between the two nations. 1 . Peltry and furs. Our posts being
in the hands of the English, we are cut off from that article. I
am not sure even, whether we are not obliged to buy of them, for
our own use. When these posts are given up, if ever they are,
we shall be able' to furnish France with skins and furs, to the
amount of two millions of livres, in exchange for her merchan-
dise : but, at present, these articles are to be counted as nothing.
2. Potash. An experiment is making whether this can be brought
here. We hope it may, but at present it stands for nothing. He
observed that it was much wanted in France, and he thought it
w6uld succeed. 3. Naval stores. Trials are also making on these,
as subjects of commerce with France. They are heavy, and tlie
voyage long. The result, therefore, is doubtful. At present, they
are as nothing in our commerce with this country. 4. Whale oil. I
told him I had great hopes, that the late diminution of duty, would
enable us to bring this article, with advantage, to France: that
a merchant was just arrived (Mr. Barrett) who proposed to setde at
L'Orient, for the purpose of selling the cargoes of this article,
and choosing the returns. . That he had informed me, that in the
first year, it would be necessary to take one third in money, and

•'U

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380

the remainder only in merchandise ; because the tishermen require,
indispensably, some money. But he thought that after the first
year, the merchandise of the preceding year, would always pro-
duce, money for the ensuing one, and that tlie whole amount would
conUnue to be taken annually afterwards, in merchandise. I
added, that though the diminution of duty, was expressed to be
but for one year, yet I hoped they would find their advantage in
renewing and continuing it : for that if they intended really to ad-
mit it for one year only, the fishermen would not find it worth
while to rebuild their vessels, and to prepare themselves for the
business. The Count expressed satisfaction on the view of com-
mercial exchange held up by this article. He made no answer as
to the contmuance o^ it; and 1 did not choose to tell him, at that
time> that we should claim its continuance under their treaty with
the Hanseatic towns, which fixes this duty for them, and our own
treaty, which gives us the rights of the most favored nation. 5.
Tobacco. I recalled to the memory of the Count de Vergennes,
the letter I had written to him on this article ; and the object of
the present conversation being, how to facilitate the exchange of
commerciable articles between the two countries, I pressed that of
tobacco in this point of view ; observed that France, at present,
paid us two milFions of livres for this article; that for such portions
of it as were bought in London, they sent the money directly
there, ai.d for what they bought in the United States, the money
was stilf remitted to London, by bills of exchange : whereas, if
tliey would permit our merchants to sell this article freely, they
would bring it here, and take the returns on the spot, in merchan-
dise, not money. The Count observed, that my proposition con-
tained what was doubtless useful, but that the King received on
this article, at present, a revenue of twenty-eight millions, which
was so considerable, as to render them fearful of tampering with
it ; that the collection of this revenue by way of Farm, was of
very antient date, and that it was always hazardous to alter ar-
rangements of long standing, and of such infinite combinations
with the fiscal system. I answered, that the simplicity of the
mode of collection proposed for this article, withdrew it from all
fear of deranging other parts of their system ; that I supposed
tliey would confine the importation to some of their principal ports,
probably, not more than five or six ; that a single collector in each
of these, was the only new officer requisite ; that he could get rich
himself on six livres a hogshead, and would receive the whole
revenue, and pay it into the treasury, at short hand. M. de Rey-
neyal entered particularly into this pait of die convei'sation^ and
explained to the Count, more in detail, the advantages and sim-

381

plicity of it, and concluded by observing to me, tliat it sometimes
happened that useful propositions, though not practicable at one
time, might become so at another. I told him that that consider-
ation had induced me to press the matter when I did, because, I
had understood the renewal of the Farm was then on the carpet,
and that it was the precise moment, when I supposed that this por-
tion might be detached from the mass of the Farms. I asked
the Count de Vergennes whedier, if the renewal of the Farm was
pressing, diis article might not be separated, merely in suspense,
till government should have time to satisfy themselves on the bx-
pedieney of renewing it. He said no promises could bo made.

In the course of this conversation, he had mentioned the liberty
we enjoyed of carrying our fish to the French islands. I repeated
to liim what I had hinted in my letter, of November the 20Ui,
1785, Uiatl considered as a prohibition, the laying such duties on
our fish, and giving such premiums on theirs, as made a difference
between their and our fishermen of fifteen livres .the quintal, in an
article which sold for but fifteen livres. He said it would not have
that effect, for two reasons. 1 . That their fishermen could not
furnish supplies sufficient for their islands, and, of course, the in-
habitants must, of necessity, buy our fish. 2. That from the con-
stancy of our fishery, and Uie short season during which theirs
continued, and also from the economy and management of our',
compared with the expense of theirs, we had always been allt- to
sell our fish, in their islands, at twenty-five livres the quintal, while
they were obliged to ask thirty-six livres. (I suppose he meant
the livre of the French islands.) That thus, tlie duty and premium
had been a necessary operation on their side, to place the sale of
their fish on a level with ours, and, that without this, theirs could
not bear the competition. , .• ' •

I have here brought together the substance of what was said cm
tlie preceding subjects, not pretending to give it verbatim, which
ijiy memory does not enable me to do. I have, probably, omitted
many things which were spoken, but have mentioned nothing
which was not. It was interrupted, at times, with collateral mat-
ters. One of these was important. The Count de Vergennes
complained, and with a good deal of sti-ess, that they did not find
a sufficient dependance on arrangements taken with us. This was
the third time too, he had done it ; first, i a conversation at Fon-
tainebleau, when he first complained to me of the navigation acts
of Massachusetts and New Hampshire ; secondly, in his letter of
October the 30th, 1785, on the same subject; and now, in the
present conversation, wherein he added, as another instance, the
case of the Chevalier de Mezieres, heir of General Oglethorpe,

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382

•who, notwithstanding that the 11th article of the treaty provides,
tliat the subjects or citizens of either party, shall succeed, ab intes-
tatOj to the lands of their ancestors, within the dominions of the
other, had been informed from Mr. Adams, and by me also, tliat his
right of succession to the General's estate in Georgia, was doubt-
ful. He observed too, that the administration of justice with us,
was tardy, insomuch, that their merchants, when they had money
due to them within our States, considered it as desperate ; and,
that our commercial regulations, in general, were disgusting to
them. These ideas were new, serious and delicate* I decided,
therefore, not to enter into them at that moment, and die rather,
as we were speaking in French, in which language I did not choose
to hazard myself. I vyithdrew from the objections of the tardi-
ness of justice with us, and the disagreeableness of our commer-
cial regulations, by a general observation, that I was not sensible
tliey were well founded. With respect to the case of the Chevalier
de Mezieres, I was obliged to enter into some explanations.
They related chiefly to the legal operation of our Declaration of
Independence, to the undecided question whether our citizens and
British subjects, were thereby made aliens to one another, to the
general laws as to conveyances' of land to aliens, and the doubt,
whether an act of the Assembly of Georgia might not have been
passed, to confiscate General Oglethorpe's property, which would
of course prevent its devolution on any heir. M. Reyneval ob-
served, that in this case, it became a mere question of fact,- whe-
ther a confiscation of these lands had taken place before the death
of General Oglethorpe, which fact might be easily known by inqui-
ries in Georgia, where the possessions lay. I thought it veiy ma-
terial, that the opinion of this court should be set to rights on
these points. On my return, therefore, I wrote the following ob-
servations on them, which, the next time I went to Versailles, (not
having an opportunity of speaking to the Count de Vergennes) I
put into the hands of M. Reyneval, praying him to read them, and
to ask the favor of the Count to do the same. ^ • •

Explanations on some of the suhjeds of the conversation, lohich I
had the honor of having with his Excellency, the Count de Ver-
gennes, when I was last at Versailles.

The principal design of that conversation was, to dispuss those
articles of commerce which the United States could spare, which
are wanted in France, and, if received there on a convenient foot-
ing, would be exchanged for tlie productions of Fra,nce. But in
the Course of the conversation, some circumstances were inciden-

¥

383

tally mentioned by the Count de Vergcnnes, which induced me to
suppose he had received impressions, neidier favorable to us, nor
derived from perfect information. . •■

The case of the Chevalier de Mezieres was supposed to fur-
nish an instance of our disregard to treaties; and the event of that
case was inferred from opinions supposed to have been given by
Mr. Adams and myself. This is ascribing a weight to our opin-
ions, to which they are not entitled. They will have no influ-
ence on the decision of the case. The judges in our courts,
would not suffer them to be read. Their guide is die law of the
land, of which law, its treaties make a part. Indeed, I know not
what opinion Mr. Adams may have given on the case. And, if
any be imputed to him derogatory of our regard to the treaty with
France, I think his opinion has been misunderstood. With re-
spect to myself, the doubts which I expressed to the Chevalier de
Mezieres, as to die success of his claims, were not founded on
any question whether die treaty between France and die United
States, would be observed. On the contrary, I venture to pro-
nounce that it will be religiously observed, if his case comes under
it. But I doubted whether it would come under the treaty. The
case, as I understand it, is diis. General OgleUiorpe, a British
subject, had lands in Georgia. He died since the peace, having
devised diese lands to his wife. His heirs are the Chevalier de
Mezieres, son of his eldest sister, and the Marquis de Bellegarde,
son of his younger sister. This case gives rise to legal questions,
some of which have not yet been decided, either in England or
America, die laws of which countries are nearly the sr.me.

1 . It is a question under the laws of those counti'ies, wheth€i»
persons born before their separation, and once completely invested,
in both, with the character of natural subjects, can ever become
aliens in either ? There are respectable opinions on both sides.
If the negaUve be right, then General Oglethorpe having never
become an alien, and having devised his lands to his wife, who, on
this supposition, also, was not an alien, the devise has transferred
the lands to her, and there is nodiing left for the treaty to ope-
rate on.

2. If the affirmative opinion be right, and the inhabitants of Great
Britain and America, born before the Revolution, are become aliens
to each other, it follows by the laws of both, that the lands which
either possessed, within the jurisdiction of the other, became the
property of the State in ',/hich they are. But a quesUon arises,
whether the transfer of the' property took place on the Declaradon
of Independence, or not till an office, or an act of Assembly, had
declared the transfer. If the property passed to the State on the

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Declaration of Independence, then it did not remain in General
Ot^lcdiorpe, and, of course, at die time of his death, ho havine; m>-
thing, Uiero was uotliing to pass to his heirs, and so, nothing; for the
treaty to operate on.

3. If dic3 property docs not pass till declared by an oflice found
hy jury, or an act passed by die Assembly, die rpiestion then, is,
whether an oflice had been found, or an act of Assembly been
passed for that purjiosc, before the peace ? If there was, the lands
had passed to the State (lurinc; his lile, and nothiiie; beinj:; left in
him, Uiero is nothing for his heirs to claim under the treaty.

4. If the property had not been ti'ansferred to die State, before
the peace, (nthcr by the Declaration of Independence, or an oflice,
or an act of Assembly, then it remained in General ()a;lethorpe at
the epoch of die peace ; and it will be insisted, no doubt, diat, by
die sixth article of the treaty of peace, between die United States
and Great Britain, which forbids future confiscations, General Qs\g-
diorpe acquired a capacity of holding and of conveyint:; his lands.
He lias conveyed diem to his wife. But, she being an alien, it
will be decided by the laws of the land, whedier she took them
for her own use, or for the use of the State. For it is a general
principle of our law, diat conveyances to aliens pass die lands to
die State ; and it may be urged, that though, by the treaty of peace.
General Oglethorpe could convey, yet diat treaty did not mean to
give him a greUer privilege of conveyance, than natives hold, to
wit, a privilege of transferring die property to persons incapable,
by law, of taking it. However, diis would be a qiiesdon between
the State of Georgia and the widow of General Oglethorpe, in die
decision of which, die Chevalier de Mezieres is not interested, be-
cause, whether she takes the land by tlie will, for her own use, or
for diat of the State, it is equally prevented* from descending to
him : there is neither a conveyance to him, nor a succession ah
intestato devolving on him, which are the cases provided for by
our treaty with France. To sum up the matter in a few words ;
if the lands had passed to the State before the epoch of peace, the
heirs of General Oglethorpe cannot say they have descended on
them, and if diey remained in the General at that epoch, the treaty
saving them to him, he could convey them away from liis heirs, and
he has conveyed diem to his widow, either for her own use, or for
that of the State. •

Seeing no event, in which, according to the facts stated to me,
the treaty could be applied to this case, or could give any right,
whatever, to the heirs of General Oglethorpe, I advised the Cheva-
lier de Mezieres not to urge his pretensions on the footing of right,
nor under the treaty, but to petition the Assembly of Georgia for a

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to me,
right,
Gheva-
)f right,
:ia for a

Srant of theso Inntls. If, in the question between the Slate and
the widow of General Oglethorpe, it shouhl be decided that they
were the property of tiie State, 1 expected from their generosity, and
tile friendly dispositions in America towards the subjects of F^rance,
that they would be favorable to the Chevalier de Mezieres. There
is nothing in the preceding observations, which would not have ap-
plied against tlie heir of General Oglethorpe, had ho been a native
citizen of Georgia, as it now applies against him, being a subject of
France. The treaty has placed the subjects of France on a foot-
ing with natives, as to conveyances and descent of property.
There was no occasion for the Assemblies to pass laws on this sub-
ject ; the treaty being a law, as 1 conceive, superior to those of par-
ticular Assemblies, and repealing them, where they stand in tlio
way of its operations.

The supposition that the treaty was disregarded on our part, in
the instance of the acts of Assembly of Massachusetts and New
Hampshire, wliich made a distinction between natives and foreign-
ers, as to the duties to be paid on commerce, was taken notice of
in the letter of November the 20th, which I had the honor of ad-
dressing to the Count dc Vergennes. And while I express my
hopes, that, on a revision of these subjects, nothing will be found
in them derogatory from either the letter or spirit of our treaty, I
will add assurances that the United States will not be behind hand,
in going beyond both, whenever occasions shall offer of manifesting
their sincere attachment to this country.

I will pass on to the observation, tliat our commercial regulations
are difficult, and repugnant to the French merchants. To detail
these regulations minutely, as they exist in every State, would be
beyond my information. A general view of them, however, will
suffice, because, the States differ little in their several regulations.
On the arrival of a ship in America, her cargo must be reported
at tlie proper office. The duties on it are to be paid. These are
commonly from two and a half to five per cent on its value. On
many articles, the value of which is tolerably uniform, the precise
sum is fixed by law. A tariff of these is presented to the importer,
and he can see what he has to pay, as well as the officer. For
other articles, the duty is such a per cf ui u.^ iheir value. That
value is either shewn by the invoice, or \ v ii. ,)ath of the importer.
This operation being once over, and it > a very short one, the
goods are considered as entered, and may then pass through the
whole thirteen States, without their being ever more subject to a
question, unless they be re-shipped. Exportation is still more
simple : because, as we prohibit the exportation of nothing, and
very rarely lay a duty on any article of export, the Stale is little
VOL. I. 49

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interested in examining outwni-d bound vessels. The enptuin asks
a clearance for his own purposes. As <o the operations of internal
commerce, such us matters of exchange, of buyinji;, seilin}:, barter-
in" &,c. our laws are the same as the Enj^lish. If they have been
Uk. \ in any instance, it has been to render them more simpK;.

j\ Jy, as to the tardiness of the administral on of justice with
us, it would be eijually tedious and impracticable for me, to ^\vv. a
precise account of it in every State. Hut I think it probable, that
It is much on the same footing through all the States, and that an
account of it in any one of them, may found a general presiunp-
lion of it in the others. IJeing best accjuainted widi its adminis-
tration in Virginia, I shall confine myself to that. Before the Re-
volution, a judgment could not be obtained under eight years, in
the supreme court, where the suit was in the department of the
common law, which department embraces about nine tenths of the
subjects of legal contestation. In that of the chancery, from twelve
to twenty years were requisite. This did not proceec' from any
vice in the laws, but from the hidolence of the judges appointed
by the King : and these judges holding their oilices during his will
only, he could have reformed the evil at any time. This reform-
ation was among the first works of the legislature, after our inde-
pendence. A judgment can now be obtained in the supri inc
court, in one year, at the common law, and in about three years,
in the chancery. But more particularly to protect the commerce
of France, which, at that moment, was considerable with us, a law
was passed, giving all suits wherein a foreigner was a party, a pri-
vilege to be tried immediately, on tlie return of his process, with-
out waiting till those of natives, which stand before them, shall have
been decided on. Out of this act, however, the British stand ex-
cluded by a subsequent one. This, with its causes, must be ex-
plained. The British army, after ravaging the State of Virginia,
had sent ofF a very great number of slaves, to New York. By the
seventh article of the treaty of peace, diey stipulated not to carry
away any of these. Notwithstanding this, it was known, when
Uiey were evacuating New York, that they were carrying away
the slaves. General Washington made an official demand of Sir
Guy Carleton, lliat he should cease to send them away. He an-
swered, that these people had come to them under promise of the
King's protection, and tliat that promise should be fulfilled, in pre-
ference to tlie stipulation in the treaty. The State of Virginia, to
which nearly the whole of these slaves belonged, passed a law to
forbid the recovery of debts due to British subjects. They de-
clared, at the same time, they would repeal die law, if Congress
were of opinion they ought to do it. But, desuous tliat tlieir citi-

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387

zons should bo ilisclmrj];inii; llicir tlobts, ilioy afterwards pormiucd
JiriliHli CHMlitors to prosuniK! tluMi- suits, and to roccivu Uicir dobls
ill suviM) o(|ual and antiiial |)ayiii(MUs; tt'lyiDg; that tho demand for
tlie ylaves, would citlier be a(hiiitted or denied in time, to hiy tlicir
hands )m some of tlie latter payments, for reimbursement. The
immensity of this debt, was another reason for forbidding such a
mass of properly to be o(ri;red for sale under execution, at once,
as, from the small quantity of circulating money, it must have sold
for Hide or nothing, whereby the creditor would have failed to re-
ceive his money, and the debtor would have lost his whole estate,
without being discharged oi' his debt. This is the history of the
delay of justice in that country, in the case of British creditors.
As to all others, its administration is as speedy as justice itself will
admit. 1 presume it is equally so in all the other Stales, and can
add, diatit is administered in them all, with a purity and integrity,
of which few countries afford an example.
, I cannot take leave, altogelher, of the subjects of this conversa-
tion, widiout recalling the attention of the Count de Vergcnnes, to
what had been its principal drift. This was to endeavor to bring
about a direct exchange between France and the United States,
(without the intervention of a third nation) of those productions,
with which each could furnish die other. We can furnish to
France, (because we have heretofore furnished to England) of
whale oil and spermaceti, of furs and peltry, of ships and naval
stores, and of potash, to Uic amount of fdteen millions of livrcs ;
and die quantities will admit of increase. Of our tobacco, France
consumes the value often millions more. Twenty-five millions of
livres, dieii, mark die extent of that commerce of exchange, which
is, at present, practicable between us. We want, in return, pro-
ductions and manufactures, not money. If the duties on our pro-
duce are light, and the sale free, we shall undoubtedly bring it
here, and lay out the proceeds on the spot, in the productions and
manufactures which we want. The merchants of France, will,
on their part, become active in the same business. We shall no
more think, when we shall have sold our produce here, of making
an useless voyage to another countiy, to lay out the money, than
we diink, at present, when we have sold it elsewhere, of coming
here to layout the money. The conclusion is, that there are
commodities which form a basis of exchange, to the extent of a
million of guineas annually : it is for die wisdom of those in power,
to contrive that die exchange shall be made.

Having put this paper into the hands of Monsieur Reyneval, we
entered into conversation again, on the subject of the Farms, which
were now understood to be approaching to a conclusion. He told

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388

me, that ho was decidedly of oninion, that tlie interest of the State
required the Farm of tobacco to bo discontinued, and that lie liad, ac-
cordingly, given every aid to my |)ro|)osition, which laid within hi«
sphere : that tiio Count do Vergenncs was very clearly of liic same
opinion, and had supported it strongly wiUi r<;asons of his own,
when he transmitted it to the Comptroller General ; but that the
Comptroller, in the discussions of this subject which had taken
place, besides the objections which the Count de Vcrgennes had
repeated to me, and which arc before mentioned, had added,
that the contract with tlie Farmers General was now so far ad-
vanced, that the article of tobacco could not be withdrawn from
it, without unraveling the whole transaction. Having understood,
that, in this contract, there was always reserved to the crown, a
right to discontinue it at any moment, making just reimbursements
to the Farmers, I asked M. Reyncval, if the contract should be
concluded in its present form, wheUicr it might still be practicable
to have it discontinued, as to thn article of tobacco, at some fu-
ture moment. He said it might be possible.

Upon the whole, the true obstacle to this proposition has pene-
trated, in various ways, through the veil which covers it. The in-
fluence of the Farmers General, has been heretofore found suffi-
cient to shake a minister in his offico. Monsieur de Calonnes'
continuance or dismission, has been thought, for some time, to be
on a poise. Were he to shift this great weight, therefore, out of
his own scale into that of his adversaries, it would decide their
preponderance. The joint interests of France and America, would
be an insufficient counterpoise in his favor.

It will be observed, that these efforts to improve the commerce
of the United States, have been confined to that branch only,
which respects France itself, and that nothing passed on the sub-
ject of our commerce with the West Indies, except f.n incidental
conversation as to our fish. The reason of this, was no want of
a due sense of its importance. Of that, I am thoroughly sensible.
But efforts in favor of this branch would, at present, be desperate.
To nations with which we have not yet treated, and who have
possessions in America, we may offer a free vent of their manu-
factures in the United States, for a full, or a modified admittance
into tb 0 possessions. But to France, we are obliged to give
that freedom for a different compensation ; to wit, for her aid in
effecting our independence. It is diflicuk, therefore, to say what
we have now to offer her, for an admission into her West Indies.
Doubtless, it has its price. But the question is, what this would
be, and whether worth our while to givc it. Were we to propose
to give to each other's citizens all the rights of natives, they would,

389

of course, count what they should gain hy this enlargement of
right, and examine whetiier it would In; worth to them, as much
us their mono|K)ly of their West India commerce. If not, that
commercial freedom which we wish to|)rescrve, and which, indeed,
is so valuable, leaves us lilUe else to oiler. An expression in my
letter to the Count de Vergennes, of November the 20tli, wherein
I hinted, that bodi nations might, perhaps, come into the opinion,
that the condition of natives might bo a better ground of intercourse
for dieir citizens, than that of tlie most favored naUonj was intended
to furnish an opportunity to the minister, of parleying on that subject,
if he was so dis[)osed, and to myself, of seeing whereabouts diey
would begin, that I might communicate it to Congress, and leave
them to judge of the expediency of pursuing the subject. But no
overtures have followed ; for I have no right to consider as coming
from die minister, certain questions which were, very soon after,
proposed to me by an individual. It. sufticiently accounts for these
questions, that that individual had written a memorial on the sub-
ject, for die consideration of the minister, and might wish to know,
what we would be willing to do. The idea diat I should answer
such questions to him, is equally unaccountable, whether we siip-
pose diem originating widi himself, or coming from the minister. In
fact, I must suppose them to be his own ; and I transmit them, only
that Congress may see what one Frenchman, at least, thinks on the
subject. If we can obtain from Great Britain reasonable condi-
tions of commerce, (which, in my idea, must forever include an
admission into her islands,) die freest ground between these two
nations, would seem to be die best. But if we can obtain no
equal terms from her, perhaps Congress might think it prudent,
as Holland has done, to connect us unequivocally with France.
Holland has purchased the protection of France. The price she
pays, is, aid in time of war. It is interesting for us to purchase
a free commerce with the French islands. Buv whether it is best
to pay for it, by aids in war, or by privileges, in commerce ; or not
to purchase it at all, IS ihe question, . •'

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390

LETTER CXLVII.

TO F. HOPKINSON.

Paris, January 3, 17d(i.
Dear Sir,

I wrote you last, on the 25th of September. Since that, I have
received yours of October the 25th, enclosing a duplicate of the
last invented tongue for the harpsichord. The letter enclosing
another of them, and accompanied by newspapers, which you
mention in that of October the 25tli, has never come to hand. I
will embrace the first opportunity of sending you the crayons.
Perhaps they may come with this, which I think to deliver to Mr.
Bingham, who leaves us on Saturday, for London. If, on consult-
ing him, I find the conveyance from London uncertain, you shall
receive them by a Mr. Barrett, who goes from hence for JNovv
York, next month. You have not authorised me to try to avail
you of the new tongue. Indeed, the ill success of my endeavors
with the last, does not promise much witli this. However, I shall
try. Houdon only stopped a moment, to deliver me your letter, so
that I have not yet had an opportunity of asking his opinion of the
improvement. I am glad you are pleased with his work. He is
among the foremost, or, perhaps, the forcimost artist in the world.

Turning to your Encyclopedic, Arts et Metiers, tome 3, pari
1, page 393, you will find mentioned an instrument, invented ])y
a Monsieur Renaudin, for determining tlie true time of the musical
movements, largo, adagio, &;c. I went to see it. He shewed nie
his first invention ; the price of the machine was twenty-five gui-
neas : then his second, which he had been able to make for aboiii
half that sum. Botli of these had a mainspring and a balance
■wheel, for their mover and regulator. The strokes were made by
a small hammer. Jie tlien shewed me his last, which is moved
by a weight and regulated by a pendulum, and which cost only
two guineas and a half. It }Mescnts, in front, a dial plate like that
of a clock, on which are arranged, in a circle, the words largo,
adagio, andante, allegro, presto. The circle is moreover divided
into fifty-two equal degrees. Largo is at 1, adagio at 11, andante
at 22, allegro at 36, and presto at 40. Turning the index to any
one of these, the pendulum (which is a string, with a ball hanging
to it) shortens or lengthens, so that one of its vibrations gives you
a crdlchet for that movement. This instrument has been examin-
ed by the academy of music here, who are so well satisfied of its
iitility, that they have ordered all music which shall be printed

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391

52^

60 times
70 Mn a
95 I minute.
135J

here, in future, to liave the movements numbered in correspondence
with this plexi-chronometer. I need not tell you that the numbers
between two movements, as between 22 and 3G, give the quicker
or slower degrees of the movements, such as the quick andante,
or moderate allegro. The instrument is useful, but still it may be
greatly simplified. I got him to make me one, and having fixed
a pendulum vibrating seconds, I tri^'' by that the vibrations of his
pendulum, according to the several movements.
I find the pendulum regulated to Largo

Adagio
• Andante ^vibrates-

• "■ '■ ' Allegro

• ;•• Presto

Every one, therefore, may make a chronometer adapted to his in-
strument.

For a harpsichord, the following occurs to me.

Adrrgio, 21" \ ^^ ^^^^ ^^'^1^ of youf chamber, over the in-

Aiidaiitc, ;'. . \ sirument, drive five, httle brads, as, 1, 2, 3,

Aiiogro, 4 |. \ ^^ r-y^ j^^ ^jj^ following manner. Take a string

>^ with a bob to it, of such length, as, that hung
on No. 1, it shall vibrate fifty-two times in a minute. Then
proceed by trial to drive No. 2, at such a distance, that drawing
the loop of the string to that, the part remaining between 1 and
the bob, shall vibrate sixty times in a minute. Fix the third for
seventy vibrations, he. ; tlie cord always hanging over No. 1, as
the centre of vibration. A person playing on tlie violin, may fix
this on his music stand. A pendulum thrown into vibration, will
continue in motion long enough to give you the time of your piece.
I have been thus particular, on tlie supposition that you would fix
one of these simj)le diings for yourself. .

You have heard often of the metal called platina, to be found
only in South America. It is -insusceptible of rust, as gold and
silver are, none of the acids affecting it, excepting the aqua regia.
It also admits of as perfect a polish as the metal hiUierto used for
the specula of telescopes. These two properties had suggested
to the Spaniards, die substitution of it for that use. But the mines
being closed up by the government, it is difficult to get the metal.
The experiment has been lately tried here by the Abbe Roclion,
(whom I formerly mentioned to Mr. Rittenhouse, as having dis-
covered that lenses of certain natural chrystals have two different
and uncombined magnifying powers) and he thinks the polish as
high as diat of die metal heretofore used, and that it will never be
injm-ed by the air, a touch of Uie finger, &i,c. 1 examined it in a

3

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392

dull day, which did not admit a fair judgment of tlie strength of
its reflection.

Good qualities are sometimes misfortunes. I will prove it from
your own experience. You are punctual ; and abnost the only one of
my correspondents on whom I can firmly rely, for the execution
of commissions which combme a litde trouble with more attention.
I am very sorry, however, that I have three commissions to charge
you with, which will give you more than a little trouble. Two of
them are for Monsieur de Buffon. Many, many years ago, Cad-
vvallader Colden wrote a very small pamphlet on the subjects of
attraction and impulsion, a copy of which he sent to Monsieur de
Buffon. He was so charmed with it, that he put it into the hands
of a friend to translate, who lost it. It has ever since weighed on
his mind, and he has made repeated trials to have it found in Eng-
land. But in vain. He applied to me. I am in hopes, if you will
write a line to the booksellers of Philadelphia to rummage their
shops, that some of them may find it. Or, perhaps, some of the
careful old people of Pennsylvania or New Jersey may have pre-
served a copy. In the King's cabinet of Natural history, of which
Monsieur de Buffon has the superintendence, I observed that they
had neither our grouse nor our pheasant. These, I know, may be
bought in die market of Philadelphia, on any day while they are in
season. Pray buy the male and female of each, and employ some
apothecary's boys to prepare them, and pack them. Methods may
be seen in the preliminary discourse to the first volume of Birds,
in the Encyclopedic, or in the Natural history of Buffon, where he
describes the King's cabinet. And this done, you will be so good
as to send them to me. The third commission is more distant.
It is to procure me two or three hundred paccan nuts from the
western country. I expect they can always be got at Pittsburgh,
and am in hopes, that by yourself or your friends, some attentive
person there may be engaged to send them to you. They should
come as fresh as possible, and come best, I believe, in a box of
sand. Of this Barham could best advise you. I imagine vessels
are always coming from Philadelphia to France. If there be a
choice of ports, Havre would be best. I must beg you to direct
them to the care of the American consul or agent at the port, to
be sent by the Diligence or Fourgon. A thousand apologies
would not suffice for this trouble, if I meant to pay you in apolo-
gies only. But I sincerely ask, and will punctually execute, the
appointment of your charge des affaires in Europe generally. From
tlie smallest to the highest commission, I will execute with zeal
and punctuality, in buying, or doing any thing you wish, on this
side the water. And you may judge from the preceding speci-

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393

men, that I shall not be behind hand in the trouble I shall impose
on you. Make a note of all the expenses attending my commis-
sions, and favor me with it every now and then, and I will replace
them. My daughter is well, and retains an affectionate remem-
brance of her antient patroness, your mother, as well as of your
lady and family. She joins me in wishing to them, and to
Mr. and Mrs. Rittenhouse and family, every happiness. Accept,
yourself, assurances of the esteem with which I am. Dear Sir,
'- • , your friend and servant, •' *

• ' .: Th : Jefferson.

i

P. S. What is become of the Lunarium for the King i

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, . LETTER CXLVm,-. • *

1

TO GENERAL WASHINGTON.

1,

• ' f -

:.

Paris, January 4, 1786.
Dear Sir, -

, I have Lteen honored with your letter of September the 26th,
which was delivered me by Mr. Houdon, who is safely returned.
He has brought with him the mould of the face only, having left
the other parts of his work with his workmen, to come by some
other conveyance. Doctor Franklin, who was joined with me in
the superintendence of this just monument, having left us before
what is called the costume of the statue was decided on, I cannot
so well satisfy myself, and I am persuaded I should not so well
satisfy the world, as by consulting your own wish or mclination as
to this article. Permit me, therefore, to ask you whether there is
any particular dress, or any particular attitude, which you would
rather wish to be adopted. I shall take a singular pleasure in
having your own idea executed, if you will be so good as to make
it known to me. •

I thank you for tlie trouble you have taken, in answering my in-
quiries on the subject of Bushnel's machine. Colonel Hum-
phreys could only give me a general idea c it, from the effects
proposed, rather than the means contrived to produce them.

I sincerely rejoice, that three such works as the opening the
Potomac and James rivers, and a canal from the Dismal Swamp,
are likely to be carried through. There is still a fourth, how-
VOL. I. 50

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394

ever, which I had the honor, I believe, of mentioning to you in a
letter of March the 15th, 1784, from Annapolis. It is the cutting
a canal, which shall unite the heads of Cayahoga and Beaver
creek. The utility of this, and even tiie necessity of it, if we
mean to aim at the trade of the lakes, will be palpable to you.
The only question is, its practicability. The best information I could
get, as to this, was from General Hand, who described the country
as champain, and these waters as heading in lagoons, which would
be easily united. Maryland and Pennsylvania are both interested
to concur with us in this work. The institutions you propose to
establish, by the shares in tlie Potomac and James river companies,
given you by the Assembly, and the particular objects of those
institutions, are most worthy. It occurs to me, however, that if
the bill ' for the more general diffusion of knowledge,' which is in
the revisal, should be passed, it would supersede the use, and ob-
scure the existence of the charity schools you have thought of. I
suppose, in fact, that that bill, or some other like it, will be passed.
I never saw one received witli more entliusiasm than that was, in the
year 1778, by the House of Delegates, who ordered it to be printed.
And it seemed afterwards, that nothing but the extreme distress of
our resources prevented its being carried into execution, even
during the war. It is an axiom in my mind, that our liberty can
never be safe but in the hands of the people themselves, and that
too, of the people with a certain degree of instruction. This, it
is the. business of the State to effect, and on a general plan.
Should you see a probability of this, however, you can never be at
a loss for worthy objects of this donation. Even the remitting that
proportion of the toll, on all articles transported, would present
itself under many favorable considerations, and it would, in effect,
be to make the State do in a certain proportion, what they ought
to have done wholly : for I think they should clear all the rivers,
and lay them open and free to all. However, you are infinitely
the best judge, how the most good may be effected with these
shares.

All is quiet here. There are, indeed, two specks inlhe horizon :
■the exchange of Bavaria, and 'the demarcation between the Em-
pew)r and Turks. We may aJd, as a third, the interference by
the King of Prussia in the domestic disputes of the Dutch. Great
Britain, it is said, begins to look towards us with a little more good
humor. But how true this may be, I cannot say with certainty.
We are trying to render her commerce as little necessary to us as
possible, by finding other markets for our produce. A most fa-
vorable reduction of duties on whale oil, has taken place here.

fe

395

Em-
nce by

Great
re good
rtainty.
to us as
lost fa-

here,

whicli will give us a vent for that article, paying a duty of a guinea
and a half a ton, only.

I have the honor to be, v^rith the highest esteem and respect.
Dear Sir,

your most obedient and
•i- . most humble servant,

Th: Jefferson.

LETTER CXLIX.

TO A. CARY.

. ; \ . • • Paris, January 7, 1786.

Dear Sir,

The very few of my countrymen who happen to be punc-
tual, will find dieir punctuality a misfortune to them. Of this
I shall give you a proof, by tlie present application, which I
should not make to you, if I did not know you to be superior
to the torpidity of our climate. In my convf rations with the
Count de BufFon, on the subjects of Natural history, I find him
absolutely unacquainted wiUi our elk and our deer. He has
hitlierto believed, that our deer never had horns more than a foot
long ; and has, therefore, classed them with the roe buck, which
I am sure, you know them to be different from. I have exam-
ined some of the red deer of this country, at the distance of about
sixty yards, and I find no other difference between them and ours,
tlian a shade or two in the colour. Will you take the trouble to
procure for me the largest pair of buck's horns you can, and a
large skin of each colour, that is to say, a red and a blue ? If it
were possible to take these from a buck just killed, to leave all
the bones of the head in the skin, with the horns on, tc leave the
bones of the legs in the skin also, and the hoofs to it, so that,
havmg only made an incision all along the belly and neck, to take
the animal out at, we could, by sewing up that incision, and stuffing
the skin, present the true size and form of the animal, it would
be a most precious present. Our deer have been often sent to
England and Scotland. Do you know (with certainty) whether
they have ever bred with the red deer of those countries? Witli re-
spect to the elk, I despair of your being able to get for me, any thing
but the horns of it. David Ross, I know, has a pair ; perhaps he
would give them to us. It is useless to ask for the skin and skele-
ton, because, I think it not in your power to get thein ; odiejwise,
they would be most desirable. A gentleman, fellow passenger

*,fi

' i>'l

n>;'

396

witti me irom iioston to £ugland, promised to send to you, in my
name, some hares, rabbits, pheasants, and partridges, by the return
of the ship, which was. to go to Virginia, and the captain promised
to take great care of them. My friend procured the animals, and,
the ship changing her destination, lie kept them, in liopes of finding
some other conveyance, till they all perished. I do not despair,
however, of finding some opportunity still, of sending a colony of
useful animals. I am making a collection of vines for wine, and
for the table ; also of some trees, such as the cork oak, &,c. he.

Every thing is absolutely quiet in Europe. There is not, there-
fore, a word of news to communicate. I pray you to present me
affectionately to your family, and that of Tuckahoe. Whatever
expense is necessary for procuring me the articles above-mentioned,
I will instantly replace, either in cash, or in any tiling you may
wish from hence.

I am, with very sincere esteem, Dear Sir, ,* • ».?•>•

your most obedient humble servant,

Th: Jefferson.

LETTER CL.

TO MAJOR OENEllAL GREENE.

C t • ** * Paris, January 12, 1786. :

. Dear Sir, V:.- •:.,-y.:r .'..<--,.;->-,:;■■

Your favor of June the 1st, did not come to hand till the 3rd
of September. I immediately made inquiries on the subject of
the frigate, you had authorised your relation to sell to this govern-
ment, and 1 found, that he had, long before that, sold her to go-
vernment, and sold her very well, as I understood. I noted the
price on the back of your letter, which I have since, unfortunately,
mislaid, so that I cannot, at this moment, state to you tlie price.
But the transaction is of so long standing, that you caimot fail to
have received advice of it. I should, without delay, have given
you this information, but that I hoped to be able to accompany it
with information as to the live oak, which was another object of
your letter. This matter, though it has been constantly pressed
by Mr. St. John, and also by the Marquis de la Fayette, since his
return from Berlin, has been spun to a great lengdi, and, at last,
they have only decided to send to you for samples of the wood.
Letters on this subject, from tlie Marquis de la Fayette, accom-
pany this.

Every thing in Europe is quiet, and promises quiet for at least

i4-

397

a year to come. We do not find it easy to make commercial
arrangements in Europe. There is a want of confidence in us.
This countiy has lately reduced the duties on American whale
oil, to about a guinea and a half the ton, and I think they will take
the greatest part of what we can furnish. I hope, dierefore, that this
branch of our commerce will resume its activity. Portugal shews
a disposition to court our trade ; but this has^ for some time, been
discouraged by the hostilities of the piratical states of Larbary. Tlie
Emperor of Morocco, who had taken one of our vessels, immediate-
ly consented to suspend hostilities, and ultimately gave up die vessel,
cargo and crew. I think we shall be able to setde matters with
him. But I am not sanguine as to die Algerines. They have
taken two of our vessels, and, I fear, will ask such a tribute for a
forbearance of their piracies, as the United States would be un-
willing to pay. When this idea comes across my mind, my fa-
culties are absolutely suspended between indignation and impa-
tience. I think, wh:'!ever sums we are obliged to pay for freedom
of navigation in the European seas, should be levied on the Eu-
ropean commerce with us, by a separate impost, that Uiese powers
may see that they protect these enormities for their own loss.

I have tlie honor to be, with ^ntiments of the most perfect
esteem and respect. Dear Sir,

:'> your most obedient and ■''.*'..•%■ ^■«.
most humble servant,
- ' Th: Jefferson.

«"

t!

* _ i. 4

LETTEE CLI

V :!l

TO LISTER ASQUITH.

at least

Sir,

Paris, January 13, 1786.

I have duly received your letter of the 2nd instant. The de-
lays, wliich have attended your enlargement, have been much
beyond ray expectation. The reason I have not written to you,
for some time, has been the constant expectation of receiving an
order for your discharge. I have not received it, however. I
went to Versailles three days ago, and made fresh applications on
the subject. I received assurances, which give me reason to hope
that the order for your discharge w^ill soon be made out. Be as-
sured, it shall not be delayed a moment after it comes to my
hands, and that I shall omit no opportunity of hastening it. In

^>.

398

tlie mean time, I think you may comfort yourself and companions
witli the certainty of receiving it ere long. 1 am, Sir,

your most humble servant,

Th : Jefferson.

[The following were answers by Mr. Jefferson, to questions
addressed to him by Monsieur de Meusnier, autlior of that part of
the Encyclopedic Methodique, entitled Economic politique et
diplomatique.]

1. What has leH Congress to determine, that the concurrence
of seven votes is ie.;uisite in questions, which, by the Confedera-
tion, are submitted to the decision of a majority of the United
States, in Congress assembled ?

. The ninth article of Confederation, section six, evidently es-
tablishes three orders of questions in Congress. 1 . The greater
ones, which relate to making peace or war, alliances, coinage,
requisitions for money, raising military force, or appointing its
commander in chief. 2. The lesser ones, which comprehend
all other matters submitted by the Confederation to the federal
head. 3. The single question of adjourning from day to day.
This gradation of questions is distinctly characterised by the ar-
ticle.

In proportion to the magnitude of these questions, a greater
concurrence of the voices composing the Union, was thought ne-
cessary. Three degrees of concurrence, well distinguished by
substantial circumstances, offered themselves to notice. 1. A
concurrence of a majority of the people of the Union. It was
thought that this would be insured, by requiring the voices of nine
States ; because, according to the loose estimates which had then
been made of tlie inhabitants, and the proportion of tliem which
were free, it was believed, that even the nine smallest would in-
clude a majority of the free citizens of the Union. The voices,
therefore, of nine States ^vere required in the greater questions.
2. A concurrence of the majority of the States. Seven constitute
that majority. This number, tlierefore, was required in die lesser
questions. 3. A concurrence of the majority of Congress, that is
to say, of the States actually present in it^ As tliere is no Con-
gress, when there are not seven States present, this concurrence
could never be of less than four States. But these might happen
to be the four smallest, which would not include one ninth part of
tlie free citizens of tlie Union. This kind of majority, tlierefore,
was entrusted with nothing but the jwwer of adjourning them-
selves from day to day.

39f)

Here tlien are tlirco kinds of niajorilics. I . Of the j)eopIe.
2. Of the States. 3. Of the Congress : each of whicli is en-
trusted to a certain length.

Though the paragraph in question be clumsily expressed, yet it
strictly announces its own intentions. It defines with precision,
the greater questions, for whicli nine votes shall be requisite. In
tlie lesser questions, it then requires a majority of the United States
in Congress assembled: a term which will apj)ly either to the
number seven, as being a majority of the States^ or to the num-
ber four, as being a majority of Congress. Which of the two
kinds of majority, was meant? Clearly, that which would leave a
still smaller kind, for the decision of the question of adjournment.
The contrary construction would be absurd.

This paragraph, therefore, should be understood, as if it had been
expressed in the following terms. *The United States, in Con-
gress assembled, shall never engage in war, &aj. but with the consent
of nine States: nor determine any oUier question, but witli the
consent of a majority of the whole States, except the question of
adjournment from day to day, which may be determined by a ma-
jority of the States actually present in Congress.

2. How far is it permitted, to bring on the reconsideration of a
question which Congress has once determined ?

The first Congress which met, being composed mostly of per-
sons who had been members of the legislatures of their respect-
ive States, it was natural for them to adopt those rules in their
proceedings, to which they had been accustomed in their legisla-
tive houses; and the more so, as these happened to be nearly the
same, as having been copied from the same original, those of the
British parliament. One of those rules of proceeding was, that
' a question once determined, cannot be proposed, a second time, in
the same session.' Congress, during their first session, in the au-
tumn of 1774, observed this rule stiictly. But before their meet-
ing in the spring of the following year, the war had broken out.
They found themselves at the head of that war, in an executive,
as well as legislative capacity. They found that a rule, wise and
necessary for a legislative body, did not suit "an executive one,
which, being goveraed by events, must change their purposes, as
those change. Besides, their session was then to become of equal
duration with the war ; and a rule, which should render their legis-
lation immutable, during all that period, could not be submitted
to. They, therefore, renounced it in practice, and have ever
since continued to reconsider their questions freely. The only
restraint as yet provided against the abuse of this permissbn to
reconsider, is, tliat when a question has been decided, it cannot

i

■;

i

s

0

i

«

400

be proposed for reconsideration, but by some one wlio voted in
favor of tlie former decision, and declares that he iias since
changed his opinion. I do not recollect accurately enougii,
whether it be necessary that his vote should have decided that of
his State, and die vote of his State, have decided tliat of Con-
gress.

Perhaps, it might have been better, when they were forming the
federal constitution, to have assimilated it, as much as possible, to
the particular constitutions of the States. All of these have dis-
tributed the legislative, executive and judiciar}' powers, into differ-
ent departments. In the federal constitution, tiie judiciary powers
are separated from the others ; but tlie legislative and executive are
both exercised by Congress. A means of amending this defect,
has been thought of. Congress having a power to establish what
committees of their own body> they please, and to arrange among
them the distribution of their business, they might, on tlie first day
of their annual meeting, appoint an executive committee, consist-
ing of a member from each State, and refer to Uiem all executive
busmess which should occur during tlieir session ; confining them-
selves to what is of a legislative nature, tliat is to say, to the heads
described in the ninth article, as of the competence of nine States
only, and to such other questions as should lead to the establish-
ment of general rules. The journal of this committee, of the
preceding day, might be read the next morning in Congress, and
considered as approved, unless a vote was demanded on a parti-
cular article, and that article changed. The sessions of Congress
would then be short, and when they separated, the Confederation
authorises the appointment of a committee of the States, which
would naturally succeed to the business of tlie executive com-
mittee. The legislative business would be better done, because
tlie attention of the members would not be interrupted by the de-
tails of execution; and the executive business would be better
done, because, business of this nature is better adapted to small,
than great bodies. A monarchical head should confide tlie exe-
cution of its will to departments, consisting, each, of a plurality of
hands, who would warp that will, as much as possible, towards
wisdom and moderation, tlie two qualities it generally wants. But,
a republican head, founding its decrees, originally, in these two
qualities, should commit them to a single hand for execution,
giving them, thereby, a promptitude which republican proceedings
generally want. Congress could not, indeed, confide their execu-
tive business to a smaller number, than a committee consisting of
a member from each State. This is necessary to msure tlie con-
fidence of tlie Union. But it would be gaining a great deal, to

V- .

#

401

7'<

reduce tlie executive head to thirh«en, and to relieve themselves
of those details. Tlhis, however, has as yet been the subject of
private conversations only.

3. A succinct account of pnper money, in Vmerica?

Previous to tlic late Revoiutioffi, most of tlie States were in the
habit, whenever they had occasion for more money than coidd be
raised immediately, by taxes, to issue paper notes or bills, in the
name of the State, wherein they promised to pay to the bearer the
sum named in the note oir bill. In some of the States, no time of
payment was fixed, nor ta\ laid to enable payment. In these, the
bills depreciated. Hut others of the States, named in the bill the
day when it sliould be paid, laid taxes to bring in money enough
for ihat purpose, and paid the bills punctually, on or before the day
named. In these States, paper money was in as high estimation
as gold and silver. On the commencement of the late Revolution,
Congress had no money. The external commerce of the States
being suppressed, tlie farmer could not sell his produce, and, of
course, could not pay a tax. Congress had no resource llien,
but in paper money. Not being able to lay a tax for its redemp-
tion, they could only promise that taxes should be laid for that
purpose, so as to redeem the bills by a certain day. They did not
foresee the long continuance of the war, the almost total suppres-
sion of their exports, and other events, which rendered the per-
formance of their engagement impossible. The paper money
continued; for a twelvemonth, equal to gold and silver. But the
quantities which they were obliged to emit, for the purposes of the
war, exceeded what had been the usual quantity of the circulat-
ing medium. It began, therefore, to become cheaper, or, as we
expressed it, it depreciated," as gold and silver would have done,
had they been thrown into circulation in equal quantities. But
not having, like them, an intrinsic value, its depreciation was more
rapid, and greater, than could ever have happened with them. In
two years, it had fallen to two dollars of paper money for one of
silver ; in three years, to four for onie ; in nine montlis more, it
fell to ten for one ; and in the six months following, that is to say,
by September, 1779, it had fallen to twenty for o^-e.

Congress, alarmed at the consequences which were to be ap-
prehended, should they lose this resource altogether, thought it
necessary to make a vigorous effort to stop its further depreciation.
They, therefore, determined, in the first place, that their emissions
should not exceed two hundred millions of dollars, to which term
tliey were then nearly arrived : and, though they knew that twenty
dollars of what they were then issuing, would buy no more for
their army than one silver dollar would buy, yet they thought it

VOL. I. 51

•I '

I .

lOii

would in\ worth while, lo siihinit lo l\w Hnnificc of niin'toru out of
twenty (lollai's, if they coi^hl ihcrohy slop fmtluM- (U'|ii'(!ciatioii.
'I'luiy, tlu'iefort', jxihlishcd an address to their constitiieiils, in which
th(!y renewed their orij^inal declarations, that this paper nion(!y
should he redeemed at dollar for dollar. Tiiey proved the ahility of
the Stnttvs to do this, and thattiieir lilxnty would he <heaply hou^ht
"t that price. The declaration was inellectual. No man receiv-
ed the money at a hetter rate; on tlu; contiary, hi six months
more, tiiat is, hy March, 1780, it had falhni to forty for otic. (Con-
gress tiien tried an experiment of a diiierent kind. Considerint:;
their former offers to redeem this money, at par, as relincpiishcd
hy the general refusal lo take it, hut in j)rogressive depreciation,
they required the whole to ho hrought in, declartul it sluudd he
redeemed at its present value, of forty for one, and, tliat they
would give to the holders new hills, reduced in their denomination
to the sum of gold or silver, which was actually to he paid for
them. This would reduce the nominal sum of the mass in circu-
lation, to the present worth of that mass, which was five millions ;
a smn not too gre.it for the circulation of the States, and which,
they therefore iioped, would not depreciate ftnther, as they con-
tinned firm in tlieir purpose of emitting no more. This eftbrt was
as unavailing as the former. Very little of the money was brought
in. It continued to circulate and to depreciate, till the end of
1780, when it had fallen to scventy-Uvc for one, and the money
circulatiid from the French army. ')oing, hy that time, sensible in
all the States nortli of the Potomac, the paper ceased its circula-
tion altogether, in those States. In Virginia and North Carolina, it
continued a year longer, within whicli lime it fell to one thousand
for one, and then expired, as it had done in llu! other Stales, with-
out a single groan. Not a murmur was heard, on ibis occasion,
among the })coplc. On the contrary, universal congratulations
took placf , on their seeing this gigantic mass, whose dissolution
had threatened convulsions which should shake their infant con-
federacy to its centre, quietly interred in its grave. Foreigners,
indeed, who do not, like the natives, feel indulgence for its memo-
ry, as of a being which has vindicated their liberties, and fallen in
the moment of victory, have been loud, and still are loud in their
complaints. A few of them have reason ; but the most noisy are
not the best of them. They are persons who have become bank-
rupt, by unskilful attempts at commerce with America. That
they max have some pretext to offer to their creditors, tliey have
bought up great masses of this dead money in Amciica, where it
is lo be had at five thousand for one, and they shew ihe certifi-
cates of tlieir pa])cr possessions, as if they had all died in their

10:1

hiuuls, 1111(1 litul hcni ilir causr of ilicir t)!niki-(i|ii(y. Jiisiioc will
hv <l()n(5 to nil, by imyinj^ to all |»orsons what tins money actunlly
ro.sl them, with an interest of six per cent, from tlu; tinu; llu'y re-
eeivc<l it. If dinienllies present themselves in the nscortaininf^ tlio
epcM'h of the reeeipt, it has been thought hetter that the Stale
shoiiM lose, hy admitting:; easy proofs, than that iiulividuals, and
especially foreigners, should, hy being held to such as would be
diflicult, perhaps im|K>ssible.

4. Virginia ccrtaiidy owed two millions, sterling, to Great Urilain,
at the eonelusion of the war. Souh; have conjectured the debt as
high OS three millions. I think that State owed near as nuieb, as
all the rest put to ■;i'ther. This is to be ascribed to pecidiarities
in the tobacco trade. The advantages made by the Hritish mer-
chants, on the tobaccos consigned to them, were so enormous, that
they spared no means of increasing those consignments. A pow-
erful engine for this purpose, was the giving good prices and cre-
ilit to the planter, till they got him more immersed in debt than he
could pay, without selling his lands or slaves. They Uien reduced
the pric(\i given lor his tobacco, so that let his shipments be ever
so great, and his demand of necessaries ever so economical, they
never permitted him to clear off bis debt. These debts bad be-
come hereditary from father to son, for many generations, so that
the planters were a species of property, annexed to certain metcau-
lile houses in London. '

5. The members of Congress are differently paid by dilFerent
Slates. Some are on fixed allowances, from four to eight dollars
a day. Others have their expenses paid, and a sur^jlus for their
time. This surplus is of two, three, or four dollars a day.

C. I do not believe there has ever been a moment, when a sin-
gle whig, in any one Stale, woidd not have shuddered at tlie very
idea of a sej)aralion of their State from the confederacy. The
tories would, at all times, have been glad to see the confederacy
dissolved, even by particles at a time, in hopes of their attaching
themselves again to Great Hrilain.

• 7. The lltli nriiclc of Coidederation admits Canada to accede
to the Confedoralion, at its own will, but adds, 'no other colony
shall be adn^itled to the same, unless such admission be agreed to
1)y nine St.Uos.' When the plan of AjjhI, 1 78-1, for establish-
ing new Slates, was on llie carpet, the ('ommiuee who framed the
report of that plan, had inserted diis clause, ' provided nine States
agree to such admission, according to tlie reservation of llic lltli
of the articles of Confederation.' It was objected, I. That the
words of the Confederation, ' no other colony,' could refer only to
the residuary possessions of (ireal Britain, as the two Floridas,

If'

f
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404

I

Nova Scotia, &:c. not being already parts of tlie Union ; that llie
law for ' admitting' a new member into the Union, could not be
ap)ilied to a territory which was already in the Union, as making
part of a State which was a member of it. 2. That it would be
improper to allow ' nine' States to receive a new member, because,
the same reasons which rendered that number proper now, would
render a greater one proper, when the number composing tiic
Union should be increased. They therefore struck out this para-
graph, and inserted a proviso, that ' the consent of so many States,
in Congress, shall be first obtained, as may, at the time, be compe-
tent ;' thus leaving the question, whether the 1 1th article applies
to the admission of new States, to be decided when that admission
shall be asked. See the Journal of Congress of April 20, 1784.
Another doubt was started in this debate ; viz. whether the agree-
ment of the nine States, required by the Confederation, was to be
made by their legislatures, or by their delegates in Congress? The
expression adopted, viz. ' so many Slates, in Congress, is first ob-
tained,' shew what was Uieir sense of this matter. If it be agreed,
that tlie 11th article of the Confederation is not to be applied to
the admission of these new States, then it is contended that their
admission comes within the 13th article, which forbids 'any alter-
ation, unless agreed to in a Congress of the United States, and
aftei'wards confirmed by the legislatures of every State.' The in-
dependence of the new States of Kentucky and Franklin, will soon
bring on the ultimate decision of all tliese questions.

8. Particular instances, whereby the General Assembly of Vir-
ginia have shewn, that they considered the ordinance called their
constitution, as every other ordinance, or act of the legislature,
subject to be altered by the legislature for the time being.

1. The convention which formed that constitution, declared
themselves to be the House of Delegates, during the term for which
they were originally elected, and, in tlie autumn of the year, met
the Senate, elected under the new constitution, and did legislative
business with them. At this time, there were malefactors in the
public jail, and tliere was, as yet, no court established for tlieir trial.
They passed a law, appointing certain members by name, who
were then members of tlie Executive Council, to be a court for the
trial of these malefactors, though the constitution had said, in ex-
press words, that no person should exercise the powers of more
than one of the three departments, legislative, executive and judi-
ciary, at the same time. This proves, that the very men who
had made that constitution, understood that it would be alterable
by the General Assembly. This court was only for that occasion.
When the next General Assembly met, after die election of the

H.

eclared

r which

r, met

islative

in the

ir trial.

e, who

for tlie

in ex-

f more

id judi-

m who

"Iterable

icasion.

of the

405

ensuing year, there was a new set of malefactors in the jail, and
no court to try them. This Assembly passed a similar law to the
former, appointing certain members of the Executive Council, to be
an occasional court for this particular case. Not having the jour-
nals of Assembly by me, I am unable to say whether this measure
was repealed afterwards. However, they are instances of execu-
tive and judiciary powers exercised by the same persons, under
the authority of a law, made in contradiction to the constitution.

2. There was a process depending in the ordinary courts of
justice, between two individuals of the name of Robinson and
Fauntleroy, who were relations, of different descriptions, to one
Robinson, a British subject, lately dead. Each party claimed a
right to inherit the lands of the decedent, according to the laws.
Their right should, by the constitution, have been decided by the
judiciary courts ; and it was actually depending before Uiem.
One of the parties petitioned the Assembly, (I think it was in die
year 1782,) who passed a law deciding tlie right in his favor. In
the following year, a Frenchman, master of a vessel, entered into
port without complying with the laws established in such cases,
whereby, he incurred the forfeitures of the law to any person who
would sue for them. An individual instituted a legal process to
recover these forfeitures, according to the law of the land. The
Frenchman petitioned the Assembly, who passed a law deciding
the question of forfeiture in his favor. These acts are occasional
repeals of that part of the constitution, which forbids the same per-
sons to exevche legislative and judiciary powers, at the same time.

3. The Assembly is in the habitual exercise, during their ses-
sions, of directing the Executive what to do. There are few pages
of their journals, which do not furnish proofs of this, and, conse-
quently, instances of the legislative and executive powers exercised
by the same persoi s, at the same time. These things prove, that
it has been the uninterrupted opinion of every Assembly, from that
which passed the ordinance called die consdtution, down to the
present day, that their acts may control that ordinance, and, of
course, that tlie State of Virginia has no fixed constitution at all.

[The succeeding observations were made by Mr. Jefferson on
an article entitled ' Etats Unis,' prepared for the Encyclopedic
Methodique, and submitted to him before its publication.]

Page 8. The malefactors sent to America, were not suflicient
in luunber to merit enumeration, as one clubS out of three, which

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400

peopled America. It was at a late period of their history, that this
practice began. 1 liave no book by me, wliich enables me to
point out the date of its commencement. But I do not think the
whole number sent, would amount to two tliousand, and being
principally men, eaten up with disease, they married seldom and
propagated little. I do not suppose that themselves and tlieir de-
scendants, are, at present, four thousand, which is litde more tlian
one thousandth part of the whole inhabitants.

Indented servants formed a considerable supply. These were
poor Europeans, who went to America to settle themselves. If
they could pay their passage, it was well. If not, they must find
means of paying it. Tliey were at liberty, therefore, to make an
agreement vvitli any person they chose, to serve him such a Icngdi
of time as they agreed on, upon condition that he would repay, to
the master of the vessel, the expenses of their passage. If, being
foreigners, unable to speak tlie language, they did not know how
to make a bargain for themselves, the captain of die vessel con-
tracted for them, with such persons as he could. This contract
was by deed indented, which occasioned them to be called in-
dented servants. Sometimes they were called redemptioners, be-
cause, by their agreement with the master of the vessel, they could
redeem themselves from his power by paying their passage ; which,
they frequently effected, by hiring themselves on their arrival, as
is before mentioned. In some States, I know, that these people had a
right of marrying themselves, without their master's leave, and I
did suppose they had that right every where. I did not know, that,
in any of the States, they demanded so much as a week for every
day's absence, without leave. I suspect this must have been at a
very early period, while the governments were in the hands of the
first emigrants, who, being mostly laborers, were narrow-minded
and severe. I know that in Virginia, the laws allowed their ser-
vitude to be protracted only two days for every one they were ab-
sent, without leave. So mild was this kind of servitude, that it
was very frecjuent for foreigners, who carried to America money
enough, not only to pay their passage, but to buy themselves a
farm, to indent themselves to a master for three years, for a cer-
tain sum of money, with a view to learn the husbandry of the
country. I will here iiiako a general observation. So desirous
are the poor of Europe to get to America, where diey may better
their condition, that, being unable to pay their passage, they will
agree to serve two or three years on their arrival there, rather than
not go. During the time of that service, they are better fed, bet-
ter clothed, and have lighter labor, dian while in Europe. Con-
linuiuii to uork for hire, a few years loii;;er, they buy a farm, mar-

407

ry, and enjoy all the sweets of a domestic society of their own.
The American governments are censured for permitting this spe-
cies of servitude, which lays the foundation of the happiness of
these people. But what should these governments do ? Pay the
passage of all those who choose to go into their country ? They
are not able ; nor, were Uiey able, do they think die purchase
wordi the price. Should they exclude these people from Uieir
shores ? Those who know their situauons in Europe and Ame-
rica, would not say, that this is the alternative which humanity dic-
tates. It is said these people are deceived by those who carry
them over. But this is done in Europe. How can the American
governments prevent it ? Should they punish the deceiver ? It
seems more incumbent on the European government, where the
act is done, and where a public injury is sustained from it. How-
ever, it is only in Europe that this deception is heard of. The
individuals are generally satisfied in America, with their adventure,
and very few of them wish not to have made it. I must add, that
the Congress have nothing to do with this matter. It belongs to
the legislatures of the several States.

Page 2G. 'Une puissance, en efFct,' he. The account of the
setdcment of the colonies, which precedes this paragraph, shews
diat that setUement was not made by public authority, or at die
public expense of England ; but by the exertions, and at the ex-
pense of individuals. Hence it happened, that their constitutions
were not formed systematically, but according to the circum-
stances which happened to exist, in each. Hence, too, the prin-
ciples of the jiolitical connection between the old and new countries,
were never settled. That it would have been advantageous to
have setUed them, is certain ; and, particularly, to have provided
a body which should decide, in the last resort, all cases wherein
boUi parties were interested. But it is not certain that that right
would have been given, or ought to have been given to the Par-
liament; much less, that it resulted to the Parliament, without hav-
ing been given to it expressly. Why was it necessary, diat there
should have been a body to decide in the last resort ? Because, it
would have been for the good of both parties. But this reason
shews, it ought not to have been die Parliament, since, that would
have exercised it for the good of one party only.

Page 105. As to the change of die 8th article of Confederation,
for quotaing requisitions of money on the States.

By a report of the secretary of Congress, dated January the
4di, 17SG, eight States had dien acceded to the proposition ; to
wit, INIassachusetts, Connecticut, New York, New Jersey, Penn-
sylvania, Maryland, Virginia and Nordi Carolina.

i" 1

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t

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t'

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408

Congress, on llic 18th of April, 1783, recommended to the
Slates to invest them with a power, for twenty-five years, to levy
an impost of five per cent, on all articles imported from
abroad. New Hampshire, Massachusetts, Connecticut, New Jer-
sey, Pennsylvania, Delaware, Virginia, North Carolina and South
Carolina, had complied with this, before the 4th of January, 1786.
Maryland had passed an act for the same purpose ; but, by a mis-
take in referring to the date of the recommendation of Congress,
the act failed of its effect. This was therefore to be rectified.
Sinct the 4th of January, the public papers tell us, that Rhode
Island has complied fully with this recommendation. It remains
still for New York and Georgia to do it. The exportations of
America, which are tolerably well known, are the best measure
for estimating the importations. These are probably worth about
twenty millions of dollars, annually. Of course, this impost will
pay the interest of a debt to that amount. If confined to the fo-
reign debt, it will pay the whole interest of that, and sink half a
million of the capital, annually. The expenses of collecting this
impost, will probably be six per cent on its amount, this being the
usual expense of collection in the United States. This will be
sixty thousand dollars.

On the 30th of April, 1784, Congress recommended to the
States, to invest them with a power, for fifteen years, to exclude
from tlieir ports the vessels of all nations, not having a treaty of
commerce with them ; and to pass, as to all nations, an act on the
principles of the British navigation act. Not that tliey were dis-
posed to carry these powers into execution, with such as would
meet them in fair and equal arrangements of commerce ; but that
they might be able to do it against those who should not. On the
4th of January, 1786, New Hampshire, Massachusetts, Rhode
Island, Connecticut, New York, Pennsylvania, Maryland, Virginia
and North Carolina, had done it. It remained for New Jersey,
Delaware, Soutli Carolina and Georgia, to do tlie same.

In the mean time, the general idea has advanced before the
demands of Congress, and several States have passed acts, for vest-
ing Congress with the whole regulation of their commerce, reserv-
ing the revenue arising from tliese regulations, to the disposal of
the State in which it is levied. The States which, according to the
public papers, have passed such acts, are New Hampshire, Mas-
sachusetts, Rhode Island, New Jersey, Delaware and Virginia :
but, the Assembly of Virginia, apprehensive that this disjointed
method of proceeding may fail in its effect, or be much retarded,
passed a resolution on the 21st of January, 1786, appointing com-
missioners to meet, others from the ether StatiiS, whom they invite

409

into die same measure, to digest the form of an act, for investing
Congress with such powers over their commerce, as thall be
tliouji;ht expedient, which act is to be reported to their several As-
semblies, for their adoption. This was the state of tlie several
propositions relative to the impost, and regulation of commerce, at
tlie ilate of our latest advices from America.

Page 125. The General Assembly of /irginia, at tlieir ses-
sif)n in 1785, passed an act, declaring that the district, called
Kentucky, shall be a separate and independent Slate, on these
conditions. 1. That the people of that district shall consent to it.
2. That Congress shall consent to it, and shall recei, e tliem into
tlie federal Union. 3. That they shall take on themselves a
proportionable part of the public debt of Virginia. 4. That they
shall confirm all titles ♦o lands within their district, made by the
State of Virginia, before their separation.

Page 139. It was in 1783, and not in 1781, diat Congress
quitted Philadelphia.

Page 140. ' Le Congres qui se trouvoii a la portee des re-
belk'3 fut eftraye.' I was not present on this occasion, but I have
hod relations of the transaction from several who were. The
conduct of Congress was marked whh indignation and firmness.
They received no pro})ositions from the mutineers. They came
to the resolutions, which may be seen in the journals of June the
21st, 1783, then adjourned regularly, and went through die body
of he mutineers to their respective lodgings. The measures ta-
ken by Dickinson, the President of Pennsylvania, for jiunishing
this insult, not being satisfactory to Congress, dicy assembled, nine
days after, at Princeton, in Jersey. The j)poplo of Pennsylvania
sent petitions, declaring their indignation at what had passed, their
devotion to the federal head, and their dis})ositions to protect it,
and praying them to return ; the legislature, as soon as assembled,
did the same thing ; the Executive, whose irresolution had been
so exceptionable, made apologies. But Congress were now re-
moved ; and, to the opinion that diis example was proper, other
causes were now added, suflicient to prevent their return to Phi-
ladelphia. ,-, ,.

Page 155. 1. 2. Omit ' f^a dette actuelle,' he.

And also, ' Les details,' &z;c. &,c. to the end of the paragraph,
' celles des Etats Unis ;' page 156. The reason is, that these
passages seem to suppose, diat the several sums emitted by Con-
gress, at different times, amounting nominally to two hundred mil-
lions of dollars, had been actually wordi that at the time of emis-
sion, and, of course, that the sokliers and others had recei\ ed that
sum from Congress. But nothing is further from the truth. The
VOL. I. 52

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410

soldier, victualler, or other persons who received forty dollars for
a service, at the close of the year 1779, received, in fact, no more
than he who received one dollar for the same service, in the year
1775, or 1776 ; because, in those years, the paper money was at
par with silver ; whereas, by the close of 1779, forty paper dollars
were worth but one of silver, and would buy no more of the ne-
cessaries of life. To know what tlie monies emitted by Congress
were worth to the people, at the time they received them, we
will state the date and amount of every several emission, the de-
preciation of paper money at the ume, and the real worth of the
emission in silver or gold.

wj^ . gV,

\-,

411

Depre-
ciation.

Worth of tiio sum

Emission.

Sum omitted.

emitted, in silver
dollars.

' 1775. June 23.

2.000.000

•

2.000.000

Nov. 29.

3.000.000

3.000.000

1776. Feb. 17.

4.000.000

4.000.000

Aug. 13.

5.000.000

5.000.000

1777. May 20.

5.000.000

2 2-3

1.877.273

Aug. 15.

1.000.000

3

333.333 1-3

Nov. 7.

1.000.000

4

250.000

Dec. 3.

1.000.000

4

250.000 -

• 1778. Jan. 8.

1.000.000

4

250.000

Jan. 22.

2.000.000

4

500.000

Feb. 16.

2.000.000

5

400.000

March 5.

2.000.000

5

400.000

April 4.

1.000.000

6

166.666 2-3

April il.

5.000.000

6

833.333 1-3

April 18.

500.000

6

83.333 1-3

May 22.

5.000.000

5

1.000.000

June 20.

5.000.000

4

1.250.000 •

July 30.

5.000.000

4 1-2

1.111.111

Sep. 5.

5.000.000

5

1.000.000

Sep. 26.

10.000.100

5

2.000.020

Nov. 4.

10.000.100

6

1.666.683 1-3

Dec. 14.

10.000.100

6

1.666.683 1-3 {

1779. Jan. 14.

*24.447.620

8

3.055.952 1-2

Feb. 3.

5.000.160

10

500.016

Feb. 12.

5.000.160

10

500.016

April 2.

5.000.160

17

294.127

May 5.

10.000.100

24

416.670 5-6

June 4.

10.000.100

20

500.005

July 17.

15.000.280

20

750.014

Sep. 17.

15.000.260

24

625.010 5-6

Oct. 14.

5.000.180

30

166.672 2-3

Nov. 17.

10.050.540

38 1-2

261.053

Nov. 29.

10.000.140

38 1-2

259.743 *

m

!

II

200.000.000

36.367.719 5-6

* The sum actually voted was 50.000.400, but part of it was for exchange of
old bills, without saying how much. It is presumed that these exchanges
absorbed 25.552.780, because the remainder, 24.447.620, with all the other
emissions preceding September 2nd, 1779, will amount to 159.948.880, the sum
which Congress declared to be then in circulation.

412

Thus, it appears, that the two hundred millions of dollars, emit
ted by Congress, were worth, to those who received them, hut
about tliirty-six millions of silver dollars. If we estimate at the
same value, the like sum of two hundred millions, supposed to have
been emitted by the States, and reckon the Federal debt, foreign
and domestic, at about forty-three millions, and the State debts, at
about twenty-five millions, it will form an amount of one hundred
and forty millions of dollars, or seven hundred and thirty-five
millions of livres, Tournois, the total sum which the war has -ost
the inhabitants of the United States. It continued eight years,
from the battle of Lexington to die cessation of hostilities in Ame-
rica. The annual expense, then, was about seventeen millions and
five hundred diousand dollars, while that of our enemies was a
greater number of guineas.

It will he asked, how will the two masses of Continental and
of State money, have cost the people of die United States se-
venty-two millions of dollars, when they are to be redeemed, now,
with about six millions? I answer, that the difFerence, being sixty-
six millions, has been lost on die paper bills, separately, by the suc-
ctssive holders of them. Every one, through whose hands a bill
passed, lost on that bill what it lost in value, during the time it was
in his hands. This was a real tax on him ; and, in this way, the
people of the United States actually contributed those sixty-six
millions of dollars, during the vv.r, and by a mode of taxation
the most oppressive of all, because the most unequal of all.

Page 1G6; bottom line. Leave out 'Et c'est une autre econ-
omic,' he. The reason of this, is, that in 1784, purchases of
lands were to be made of the Indians, which were accordingly
made. But in 1785, they did not propose to make any purchase.
The money desired in 1785, five thousand dollars, was probably
to pay agents residing among the Indians, or balances of die pur-
chases of 1 784 . TJiese purchases will not be made every year ;
but only at distant intervals, as our setUements are extended : and
it may be regarded as certain, that not a foot of land will ever be
taken from the Indians, without their own consent. The sacred-
ness of their rights, is felt by all diinking persons in America, as
much as in Europe.

Page 170. Virginia was quotaed the highest of any State in
the Union. But during the war, several Slates appear lo have
paid more, because they were free from the enemy, whilst Virginia
was cruelly ravaged. The requisition of 1784, was so quotaed on
the several States, as to bring up their arrearages; so that when
they should have paid the sums then demanded, all would be on
an equal footing. It is necessary to give a further explanation of

413

this requisition. The requisitions of one million and two hundred
thousand dollars, ol eight millions, and two millions, had heon
made during the war, as an experiment, to sec whether, in Uiat
situation, the States could furnish the necessary sup[)lies. It was
foimd they could not. The money was thereupon ohtained by
loans in Europe : and Congress meant, by dieir requisition of
1784, to abandon the requisitions of one million and two hundred
thousand dollars, and of two millions, and also one half of the
eight millions. But as all the States, almost, had made some pay-
ments in part of that requisition, they were obliged to retain such
a proportion of it, as would enable them to call for equal contri-
butions from all the others.

Page 170. I cannot say how it has happened, that the debt of
Connecticut is greater than that of Virginia. The latter is the
richest in productions, and, perhaps, made greater exertions to
pay for her supplies in the course of the war.

Page 172. ' Les Americains sevant apres une banqueroute,'
&c. The objections made to the United States, being liere con-
densed together in a short compass, perhaps, it would not be im-
proper to condense the answers in as small a cornj)ass, in some
such form as follows. That is, after the words ' aucun espoir', add,
' But to these charges it may be justly answered, that those are
no bankrupts who acknowledge the sacredness of their debts, in
their just and real amount, who are able, widiin a reasonable time,
to pay them, and who are actually proceeding in that payment;
that they furnish, in fact, tlie supplies necessary for the su[)port of
their government; that their officers and soldiers are satisfied, as
the interest of their debt is paid regularly, and the principal is
in a course of payment; that the question, whether they fought
ill, should be asked of those who met tliem at Bunker's hill,
Bennington, Stillwater, King's mountain, the Cowpens, Guilford,
and the Eutaw. And that the charges of ingratitude, madness,
infidelity and corruption, are easily made ])y those to whom false-
hoods cost nothing ; but that no ins[ances, in support of them, have
been produced, or can be produced.' .

Page 187. 'Les officiers et les soldats ont etc payes,' &;c.
The balances due to the officers and soldiers have be jn ascer-
tained, and a certificate of the sum given to each ; on these, the
interest is regidarly paid ; and every occasion is seized of paying
the principal, by receiving these certificates as money, whenever
public property is sold, till a more regular and effectual method
can be taken, for paying the whole.

Page 191. 'Quoique la loi dont nous parlous, ne s'observe
plus en Anglelerre.' 'An alien born may purchase lands or other

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414

P

pstates, but not for iiis own use; for t!ic Kini^ is thoroupon entitled
to tlu'in.' ' Yci an alien may acquire a property in goods, money
and other personal estate, or may hire a house for his habitation.
For this is necessarj'^ for the advancement of trade.' 'Also, an
alien may bring an action concerning personal property, and may
make a will, and dispose of his personal estate.' ' When I men-
tion these rights of an alien, I must be understood oi' aWcn friends
only, or such whose countries are in peace with ours; for alien
enemies have no rights, no privileges, unless by the King's special
favor, during the time of war.' Blackstone, B. I.e. 10, page 372.
'An alien /ne?w? may have personal actions, but not real; tin alien
enemy shall have neidier real, personal, nor mixed actions. The
reason why an alien friend is allowed to maintain a personal ac-
tion, is, because, he would otherwise be incapacitated to merchan-
dise, which may be as much to our prejudice as his.' Cuning-
ham's law diet, title. Aliens. The above is the clear law of
England, practised from the earliest ages to this day, and never
denied. The passage quoted by M. de Meuisnier from 2. Black-
stone, c. 2G, is from his chapter 'Of title to things personal by
occupancy.^ The word ' personal,' shews, that notliing in this chap-
ter relates to lands, which are reaZ estate ; and, therefore, this pas-
sage does not contradict the one before quoted from the same
author, (1 Bl. c. 10.) which says, that the lands of an alien be-
long to the King. The words, 'of title by occupancy,^ shew, that
it does not relate to debts.^ which, being a moral existence only,
cannot be the subject of occupancy. Blackstone, in this passage,
(B. 2. c. 2G.) speaks only of personal goods of an alien, which
another may find, and seize as prime occupant.

Page 1 93. ' Le remboursement presentera des difficultes des
sommes considerables,' &c. There is no difficulty nor doubt on
this subject. Every one is sensible how this is to be ultimately
settled. Neither the British creditor, Jior the State, will be per-
mitted to lose by these payments. The debtor will be credited
for what he paid, according to what it was really wordi at the
time he paid it, and he must pay the balance. Nor does he lose
by this; for if a man who owed one thousand dollars to a British
merchant, paid eight hundred paper dollars into the treasury,
when the depreciation was at eight for one, it is clear he paid but
one hundred real dollars, and must now pay nine hundred. It is
probable, he received those eight hundred dollars for one hundred
bushels of wheat, which were never worth more than one hundred
silver dollars. He is credited, therefore, the full worth of his
wheat. The equivoque is in the use of the word ' dollar.'

Page 226. ' Qu' on abolisse les privileges du clerge.' This

415

privilege, originally allowed to the clergy, is now extended to every
man, and even to women. It is a right of exemption iVom capital
pnnishment, for the tirst offence, in most cases. It is, then, a par-
don by the law. In other cases, the Executive gives the pardon.
But when laws are made as mild as Uiey should be, both those
pardons are absurd. The principle of Beccaria is sound. Let
the legislators be merciful, but the executors of the law inexorable.
As the term 'privileges du clergo' may be misunderstood by fo-
reigners, perhaps, it will be better to strike it out here, and substi-
tute tlie word ' pardon.'

Page 239. ' Les commissaires venlent,' he. INIanslaughier is
tlie killing a man w ith design, but in a sudden gust of passion, and
where the killer has not had time to cool. The first offence is
not punished capitally, but the second is. This is the law of Eng-
land and of all the American States ; and is not a new proposition.
Those laws have supposed that a man, whose passions have so
much dominion over him, as to lead him to repeated acts of mur-
der, is unsafe to society : that it is better he should be put to death
by the law, than others, more innocent than himself, on the move-
ments of his impetuous passions.

Ibid. ' Mal-aise d' indiquer la nuance precise,' &,c. In form-
ing a scale of crimes and punishments, two considerations have
principal weight. 1. The atrocity of the crime. 2. The pecu-
liar circumstances of a country, which furnish greater temptations
to commit it, or greater facilities for escaping detection. The
punishment must be heavier, to counterbalance this. Were the
first, the only consideration, all nations would form the same scale.
But, as the circumstances of a country have influence on the pun-
ishment, and no two countries exist precisely under the same
circumstances, no two countries will form tlie same scale of crimes
and punishments. For example ; in America, the inhabitants ler
their horses go at large, in the uninclosed lands, which are so ex-
tensive, as to maintain them altogether. It is easy, therefore, to
steal them, and easy to escape. Therefore, tlie laws are obliged
to oppose these temptations with a heavier degree of punishment.
For this reason, the stealing of a horse, in Ameriv^a, is punished
more severely, than stealing the same value in any other form. In
Europe, where horses are confined so securely, that it is impossible
to steal tiiem, that species of theft need not be punished more
severely than any other. ' In some countries of Europe, stealing
fruit from trees is punished capitally. The reason is, that it being
impossible to lock fruit trees up in coffers, as we do our money,
it is impossible to oppose physical bars to tliis species of theft.
Moral ones are, therefore, opposed by the laws. Tliis, to an un-

n

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416

ieflecling American, apiienrs the most enormous of all ilu; abiist-.s
of {K)wer ; because, he has been used to seo fruits haiiininu; in such
(|(ianlities, that, if not taivon l)^' men, they woulil rut: hu iias hctin
used to consider tiiein, liierelore, as of no vahie, and as not fur-
nishing maleiials for the connnission « "a crime. This must servo
as an ajwlogy for tlie arrangement of crimes and punishments, in
tiic scale under our consideration. A diUl'rcnl one would be
formed iiere; and still diflerent ones in Italy, Turkey, China, ^c.

Page 240. * Les ofliciers Americains,' ike. to page 204, ' qui le
meritoient.' I would |)ropose to new model Uns section, in the
following manner. 1. Give a succinct history of the origin and
establishment of the Cinciimati. 2. Examine whedier, in itsjire-
sent form, it threatens any dangers to the State. 3. Propose tlie
most practicable mediod of preventing them.

Having been in America, during the period in which this insti-
tution was formed, and being then in a situation which gave me
opportunities of seeing it, in all its stages, I may venture to give
M. de Meusnier, materials for. the first branch of the preceding
distribution of the subject. The second and third, he will best
execute himself. I should write its history in the following form.

When, on tne close of Uiat war, which established the indepen-
dence of America, its army was about to be disbanded, the ofTi-
cers, who, during the course of it, had gone through the most try-
ing scenes together, who, by mutual aids and good ofiices, had
become dear to one another, felt with great oppression of mind,
the approach of tliat moment which was to separate them, never,
perhaps, to meet again. They were from different States, and
from distant parts of the same State. Hazard alone could, there-
fore, give them but rare and partial occasions of seeing each oUier.
They were, of course, to abandon, altogether, die hope of ever
meeting again, or to devise some occasion which might bring them
togeUier. And why not come together on purpose, at stated
times ? Would not tlie trouble of such a journey be greatly over-
paid, by the pleasure of seeing each other again, by the sweetest
of all consolations, the talking over the scenes of difficulty and of
endearment they had gone through? This, too, would enable
them to know, who of them, should succeed in the world, who
should be unsuccessful, and to open the purses of all to every la-
boring brother. This idea was too soothing, not to be cherished
in conversation. It was improved into that of a regular associa-
tion, vvidi an organised administration, widi periodical meetings,
general and particular, fixed contributions for those who should be
in distress, and a badge, "by which, not only those who had not had
occasion to become personally known, should be able to recognise

417

une anotiior, but uliiclt sliouUl bo worn by their dosceiuiaiits, to
perpctuatti among tlieni the fricndsliips, whicli hud bound Uicir an-
cestors togetlier. -

General VVasliinj^ton was, at that moment, oppressed with the
operation of disbandiim; an army whicli was not paid, and tin; dif-
ficulty of lliis operation was increased, by some two or three States'
havinc; expressed sentinients, which did not indicate a sufficient
attention to dieir payment. He was S' ^es present, when his
officers were fashioning in their con •; ins, their newly pro-
posed society. He saw the innocenc. its origin, and foresaw
no effects less innocent. He was, at ihnt lime, writing his vale-
dictory letter to the States, whiih has been so deservedly applaud-
ed by the world. Far from thinking it a moment to muUiply the
causes of irritation, by thwarting a proposition which had abso-
lutely no other basis but that of benevolence and friendship, he
was rather satisfied to find himself aided in his difficulties by this
new incident, which occupied, and, at the same time, soodied the
minds of the officers. He thought, too, that this institution would
be one instrument the more, for strengthening the federal bond,
and for promoting federal ideas. The institution was formed.
Tliey incorporated into it the oflicers of die French army and
navy, by whose sides they had fought, and wiUi whose aid they
had finally prevailed, extending it to such grades, as they were
told might be permitted to enter into it. Tliey sent an officer to
France, to make the proposition to them, and to procure the
badges which they had devised for their order. The moment of
disbanding the army having come, before they could have a full
meeting to appoint their President, the General was prayed to
act in that office till dieir first general meeting, which was to be
held at Philadelphia, in the month of May following.

The laws of the society were published. Men who read them
in their closets, unwarmed by those sentiments of friendshij) which
had produced them, inattentive to those pains which an approach-
ing separation had excited in the minds of the institutors, politi-
cians, who see in every thing only the dangers with which it
threatens civil society, in fine, the laboring people, who, shielded
by equal laws, had never seen any difference between man and
man, but had read of terrible oppressions, which people of their
description experience in other countries, from diose who are dis-
tinguished by titles and badges, began to be alarmed at tliis new
institution. A remarkable silence, however, was observed. Their
solicitudes were long confined within the circles of private conver-
sation. At length, however, a Mr. Burke, Chief Justice of South
Carolina, broke that silence. He wrote against Uie new institution,
VOL. 1. 53

I'll!

418

foreboding its dangers, very imperfecdy indeed, because he had
nothing but his imagination to aid him. An American could do no
more ; for to detail the real evils of aristocracy, they must be seen
in Europe. Burke's fears were thought exaggerations in Ame-
rica ; while in Europe, it is known that even Mirabeau has but
faintly sketched the curses of hereditary aristocracy, as they are
experienced here, and as they would have followed in America,
nad this institution remained. The epigraph of Burke's pamphlet,
was, * Blow ye the trumpet in Zion.' Its effect corresponded with
its epigraph. This institution became, first, the subject of general
conversation. Next, it was made the subject of deliberation in
tlie legislative Assemblies of some of the States. The Governor
of South Carolina censured it, in an address to the Assembly of
that State. The Assemblies of Massachusetts, Rhode Island and
Pennsylvania condennied its principles. No circumstance, in-
deed, brought the consideration of it expressly before Congress;
yet it had sunk deep into llieir minds. An offer having been
made to ♦hem, on the part of the Polish order of Divine Provi-
dence, to receive some of their distinguished citizens into that
order, they made that an occasion to declare, that these distinctions
were contrary to the principles of their Confederation.

The uneasiness excited by this institution, had very early caught
the notice of General Washington. Still recollecting all the purity
of the motives which gave it birth, he became sensible that it might
produce political evils, which the warmUi of those motives had
masked. Add to this, that it was disapproved by the mass of
citizens of the Union. This, alone, was reason strong enough, in
a country where the will of the majority is the law, and ought to
be the law. He saw that the objects of the institution were too
light, to be opposed to considerations as serious as these ; and that
it yns become necessary to annihilate it absolutely. On this,
tlierefore, he was decided. The first annual meeting at Philadel-
phia, was now at hand ; he went to Uiat, determined to exert all
his influence for its suppression. He proposed "t to his fellow offi-
cers, and urged it with all his powers. It met an opposition which
was observed to cloud his face with an anxiety, that the most dis-
tressful scenes of the war had scarcely ever produced. It was
canvassed for several days, and, at length, it vi^as no more a doubt,
what would be its ultimate fate. The order was on the point of
receiving its annihilation, by the vote of a great majority of its mem-
bers. In this moment, their envoy arrived from France, charged
with letters from the French officers, accepting with cordiality the
proposed badges of union, with solicitations from others to be re-
ceived into the order, and with notice that their respectable Sove-

419

jovernor

ince, m-

reign had been pleased to recognise it, and to permit his officers
to wear its badges. The prospect was now changed. The ques-
tion assumed a new form. After the offer made by them, and
accepted by their friends, in what words could they clotlie a propo-
sition to retract it, whicli would not cover themselves with the re-
proaches of levity and ingratitude? which would not appear an
msult to those whom diey loved ? Federal principles, popular dis-
content, were considerations whose weight was known and felt by
themselves. But would foreigners know and feel them equally ?
Would they so far icknowledge their cogency, as to pern.it without
any indignation, the eagle and ribbon to be torn from their breasts,
by the very hands which had placed them there ? The idea re-
volted the whole society. They found it necessary, then, to pre-
serve so much of their institution as might continue to support this
foreign branch, while they should prune off every otlier, which
would give offence to their fellow citizens : thus sacrificing, on each
hand, to their friends and to their country.

The society was to retain its existence, its name, its meetings,
and its charitable funds : but tliese last were to be deposited with
their respective legislatures. The order was to be no longer he-
reditary; a reformation, which had been pressed even from this
side the Adantic ; it was to be communicated to no new mem-
bers; the general meetings, instead of annual, were to be triennial
only. The eagle and ribbon, indeed, were retained; because
they were worn, and they wished them to be worn, by their friends
who were in a country where they would not be objects of
offence; but themselves never wore them. They laid them up in
their bureaus, with the medals of American Independence, with
those of the trophies they had taken, and the batdes they had
won. But through all tlie United States, no officer is seen to
offend the public eye, with the display of this badge. These
changes have tranquillized the American States. Their citizens
feel too much interest in tlie reputation of their officers, and value
too much, whatever may serve to recal to the memory of their
allies, the moments wherein they formed but one people, not to do
justice to the circumstance which prevented a total annihilation of
the order. Though they are obliged by a prudent foresight, to
keep out every thing from among themselves, which might pretend
to divide them into orders, and to degrade one description of men
below another, yet they hear with pleasure, that their allies, whom
circumstances have already placed under tliese distinctions, are
willing to consider it as one, to have aided them in the establish-
ment of their liberties, and to wear a badge which may recal
them to their remembrance ; and it would be an extreme affliction

420

to them, if the domestic reformation which has been found neces-
sary, if the censures of individual writers, or if any other circum-
stance, should discourage the wearing their badge, or lessen its
reputation.

This short, but true histor)' of the order of the Cincinnati,
taken from the mouths of persons on the spot, who were privy to
its origin and progress, and who know its present state, is the best
apology which can be made for an institution, which appeared to
be, and was really, so heterogeneous to the governments in which
it was erected.

It should be further considered, that, in America, no other dis-
tinction between man and man, had ever been known, but that of
persons in office, exercising powers by authority of the laws, and
private individuals. Among these last, the poorest laborer stood
on equal ground with the wealthiest millionary, and generally, on
a more favored one, whenever their rights seemed to jar. It has
been seen that a shoemaker, or other artisan, removed by the
voice of his country from his work bench, into a chair of office,
has instantly commanded all the respect and obedience, which the
laws ascribe to his office. But, of distinctions by birth or badge,
they had no more idea than tliey had of the mode of existence in
the moon or planets. They had heard only that there were such,
and knew that they must be wrong. A due hoiTor of the evils
which flow from these distinctions, could be excited in Europe
only, where the dignity of man is lost in arbitrary distinctions,
where the human species is classed into several stages of degrada-
tion, where the many are crouched under the weight of the few,
and where the order established, can present to tlie contemplation
of a thinking being, no other picture, than that of God Almighty
and his angels, trampling under foot the host of the damned. No
wonder, then, that the institution of the Cincinnati should be inno-
cently conceived by one order of American citizens, should raise
in the other orders, only a slow, temperate, and rational opposi-
tion, and should be viewed in Europe as a detestable parricide.

The second and third branches of tliis subject, no body can
better execute than M. de Meusnier. Perhaps, it may be curious
to him to see how tliey strike an American mind at present. He
shall, therefore, have the ideas of one, who was an enemy to the
institution from the first moment of its conception, but who was
always sensible, that the officers neitlier foresaw nor intended the
injury they were doing to their country.

As to the question, then, whetlier any evil can proceed from the
institution, as it stands at present, I am of opinion there may. 1 .
FVom the meetings. These will keep the officers formed into a

421

body ; will continue a distmction between the civil and military, which,
it would be for the good of the whole to obliterate, as soon as pos-
sible ; and military assemblies will not only keep alive the jea-
lousies and fears of the civil government, but give ground for
these fears and jealousies. For when men meet together, they
will make business, if they have none ; they will collate their
grievances, some real, some imaginary, all highly painted ; tliey
will communicate to each other the sparks of discontent ; and these
may engender a flame, which will consume their particular, as well
as the general happiness. 2. The charitable part of the institu-
tion is still more likely to do mischief, as it perpetuates the dan-
gers apprehended in die preceding clause. For here is a fund
provided, of permanent existence. To whom will it belong ? To
the descendants of American officers, of a certain description.
These descendants, then, will form a body, having a sulficient in-
terest to keep up an attention to their description, to continue
meetings, and perhaps, in some moment, when the political eye
shall be slumbering, or the firmness of their fellow citizens relax-
ed, to replace the insignia of the order, and revive all its (jreten-
sions. What good can the officers propose, which may weigh
against these possible evils ? The securing their descendants
against want ? Why afraid to trust them to the same fertile soil,
and the same genial climate, which will secure from want the de-
scendants of their otlier fellow citizens ? Are they afraid they will
be reduced to labor the earth for their sustenance ? They will be
rendered thereby both more honest and happy. An industrious
farmer occupies a more dignified place in the scale of beings,
whether moral or political, than a lazy lounger, valuing himself on
his family, too proud to work, and drawing out a miserable exist-
ence, by eating on that surplus of other men's labor, which is the
sacred fund of the helpless poor. A pitiful annuity will only pre-
vent them from exerting that industry and those talents, which
would soon lead them to better fortune.

How are these evils to be prevented ? 1 . At their first gene-
ral meeting, let them distribute Uie funds on hand to the existing
objects of their destination, and discontinue all further contribu-
tions. 2. Let them declare, at the same time, that their meet-
ings, general and particular, shall thenceforth cease. 3. Let them
melt up their eagles, and add the mass to the distributable fund,
that their descendants may have no temptation to hang them in
their button holes.

These reflections are not proposed as worthy the notice of M.
de Meusnier. He will be so good as to treat the subject in his
own way, and no body has a better. I will only pray him to avail

'■ !

422

us of his forcible manner, to evince tliat there is evil to be appre-
hended, even from the ashes of this institution, and to exhort the
society in America to make their reformation complete ; bearing
in mind, that we must keep the passions of men on our side, even
when we are persuading them to do what they ought to do.

Page 268. ' Et en effet la population,' &,c. Page 270. ' Plus
de confiance.'

To this, we answer, that no such census of the number? was
ever given out by Congress, nor ever presented to them : and
further, tliat Congress never have, at any time, declared by their
vote, the number of inhabitants in their respective States. On the
22nd of June, 1775 they first resolved to emit paper money.
The sum resolved on, las two millions of dollars. They declared,
then, that the twelve confederate colonies (for Georgia had not yet
joined them) should be pledged for the redemption of these bills.
To ascertain in what proportion each State should be bound, the
members from each were desired to say, as nearly as they could,
what was the number of the inhabitants of their respective States.
They were very much unprepared for such a declaration. They
guessed, however, as well as they couid. The following are the
numbers, as they conjectured them, and the consequent appor-
tionment of the two millions of dollars.

Inhabitants.

Dollars.

New Hampshire,

100.000

82.713

Massachusetts,

350.000

289.490

Rhode Island,

58.000

47.973

Connecticut,

200.000

1G5.426

New York,

200.000

JG5.42G

New Jersey,

130.000

107.527

Pennsylvania,

300.000

248.139

Delaware,

30.000

24.813

Maryland,

250.000

206.783

Virginia,

400.000

330.852

North Carolina,

200.000

165.426

South Carolina,

200.000

165.426

2.418.000

2.000.000

Georgia, having not yet acceded to the measures of the other
States, was not quotaed ; but her numbers were generally estimated
at about thirty thousand, and so would have made the whole, two
million four hinidred and forty-eight thousand persons, of every
condition. But it is to be observed, that though Congress made

423

tliis census the basis of their apportionment, yet they did not even
give it a place on tlieir journals ; much less, publi&'i it to the world
with their sanction. The way it got abroad was this. As the
members declared from their seats, the number of inhabitants
which they conjectured to be in their State, the secretary of Con-
gress wrote them on a piece of paper, calculated the portion of two
millions of dollars, to be paid by each, and entered tlie sum only in
the journals. The members, however, for their own satisfaction,
and the information of their States, took copies of this enumera-
tion, and sent them to their States. From tlience, they got into
the public papers : and when the English news writers found it
answer their purpose, to compare this with the enumeration of 1783,
as their principle is ' to lie boldly, tliat they may not be suspected
of lying,' they made it amount to three millions one hundred and
thirty-seven thousand eight hundred and nine, and ascribed its
publication to Congress itself.

In April, 1785, Congress being to call on the States, to raise a
million and a half of dollars annually, for twenty-five years, it was
necessary to apportion this among them. The States had never
furnished tliem with tlieir exact numbers. It was agreed, too,
that in this apportionment, five slaves should be counted as three
freemen only. The preparation of this business was in the hands
of a committee ; they ap])lied to the members for the best informa-
tion they could give them, of the numbers of their States. Some
of the States had taken pains to discover their numbers. Others
had done nothing in that way, and, of course, were now where
they were in 1775, when their members were first called on to
declare their numbers. Under these circumstances, and on the
principle of counting three fifths only of tlie slaves, the committee
apportioned die money among the States, and reported their work
to Congress. In this, they had assessed South Carolina as having
one hundred and seventy thousand inhabitants. The delegates
for that Stale, however, prevailed on Congress to assess them on
the footing of one hundred and fifty thousand only, in considera-
tion of the state of total devastation, in which the enemy had left
their country. The diflference was Uien laid on the other States,
and the following was the result.

424

New Hampshire,
Massachusetts,
Rhode Island,
Connecticut,
New York,
New Jersey,
Pennsylvania,
Delaware,
Maryland,
Virginia,
North Carolina,
South Carolina,
Georgia,

Inhabitants.

82.200
350.000

50.400
206.000
200.000
130.000
320.000

35.000
220.700
400.000
170.000
150.000

25.000

Dollars.

52.708
224.427

32.318
132.091
128.243

83.358
205.189

22.443
141.517
256.487
109.006

96.183

16.030

• '^X ■ -» 1 '.'.

2.339.300 1.500.000

Still, however. Congress refused to give the enumeration the
sanction of a place on their journals, because it was not formed
on such evidence, as a strict attention to accuracy and truth re-
quired. They used it from necessity, because they could get no
better rule, and they entered on their journals only the apportion-
ment of money. The members, however, as before, took copies
of the enumeration, which was the ground work of the apportion-
ment, sent them to their States, and thus, this second enumeration
got into the public papers, and Vv ., by tlie English, ascribed to
Congress, as their declaration of their present numbers. To get
at the real numbers which this enumeration supposes, we must add
twenty thousand to the number, on which South Carolina was
quotaed ; we must consider, that seven hundred tliousand slaves are
counted but as four hundred and twenty tliousand persons, and
add, on that account, two hundred and eighty thousand. This will
give us a total of two millions six hundred and tliirty-nine thousand
three hundred inhabitants, of every condition, in the thirteen States ;
being two hundred and twenty-one thousand three hundred more,
than the enumeration of 1775, instead of seven hundred and ninety-
eight thousand five hundred and nine less, which the English pa-
pers asserted to be the diminution of numbers, in the United States,
according to the confession of Congress themselves.
Page 272. ' Comportera pent etre une population de 30,000,000.'
The territory of the United States contains about a million of
square miles, English. There is, in them, a greater proportion of
fertilo lands, than in the British dominions in Europe. Suppose
the territory of the United States, tlicn, to attain an equal degree

495

of population, witli the British European dominions ; they will have
an hundred millions of inhabitants. Let us extend our views, to
what may be the population of the two continents of North and
South America, supposing them divided at the narrowest part of
the isthmus of Panama. Between this line and that of 60° of
north latitude, the northern continent contains about five millions
of square miles, and south of this line of division, the southern
continent contains about seven millions of square miles. 1 do not
pass the 50th degree of norllicrn latitude, in my reckoning, be-
cause we must draw a line somewhere, and, considering the soil
and climate beyond that, I would only avail my calculation of it,
as a make weight, to make good what the colder regions, within
that line, may be 'supposed to fall short in their future population.
Here are twelve millions of square miles, then, which, at the rate
of population before assumed, will nourish twelve 1 indred millions
of inhabitants, a number greater tlian the present population of
the whole globe is supposed to amount to. If those wl"^ propose
medals for the resolution of questions, about which nobody makes
any question, those who have invited discussion on the pretended
problem. Whether the discovery of America was for the good of
mankind ? if tliey, I say, would have viewed it only as doubling
the numbers of mankind, and, of course, the quantum of existence
and happiness, they might have saved the money and the reputa-
tion which their proposition has cost them. The present popula-
tion of die inhabited parts of the United States, is of about ten to
the square mile ; and experience has shewn us, diat wherever we
reach that, the inhabitants become uneasy, as too much compress-
ed, and go off, in great numbers, to search for vacant country.
Within forty years, their whole territory will be peopled at that
rate. We may fix that, then, as the term, beyond which, the
people of those States will not be restrained within their present
limits; we may fix that population, too, as the limit which they
will not exceed, till the whole of those two continents are filled up
to that mark ; that is to say, till tiiey shall contain one hundred and
twenty millions of inhabitants. The soil of the country, on the
western side of the Mississippi, its climate, and its vicinity to the
United States, point it out as the first which will receive popula-
tion from that nest. The present occupiers will just have force
enough, to repress and restrain the emigrations, to a certain degree
of consistence. We have seen, lately, a single person go, and de-
cide on a settlement in Kentucky, many hundred miles from any
white inhabitant, remove thither with his family and a few neigh-
bors, and though perpetually harassed by the Indians, that settie-
ment, in the course of ten years, has acquired thirty thousand ir-
voL. 1. 54

im

420

habitants ; its numbers nre increasing while wo arc writinp;, and
the State, of which it rorineriy made a part, has offered it inde-
pendence.

Page 280, line five. 'Huit dcs onzo Etats,' he. Say, 'there
were ten States present; six voted unanimously for it, three against
it, and one was divided : and seven votes being requisite to decide
the proposition allirmatively, it was lost. The voice of a single indi-
vidual of the State which was divided, or of one of those which
were of the negative, would have prevented this abominable crime
from spreading itself over the new country. Thus we see the
fate of millions unborn, hanging on the tongue of one man, and
heaven was silent in tb.at awful moment ! But it is to he hoped it
will not always be silent, and that tiio friends ttJ the rights of hu-
man nature, will, in the end, prevail.

On the Kith of March, 1785, it was moved in Congress, that
the same projwsition should bo referred to a committee, and it was
referred by the votes of ei:,ht States against three. • We do not
hear that any thing further, is yet done on it.'

Page 28(). 'L' aulorite du Congros etoit necessaire.' The
substance of the passage alluded to, in the journal of Congress,
May the 2Cili, 1781, is, 'That the authority of Congress to make
reqtiisitions of troops, during peace, is questioned ; that such an
authority would be dangerous, combined with the acknowledged
one of emitting or of borrowing money ; and that a few troops only,
being wanted, to guard magazines and garrison the frontier }>osts,
it would be more proper, at present, to recommend than to require.'

Mr. Jefferson presents his compliments to M. do Meusnier, and
sends him copies of the thirteenth, twenty-third, and twenty-fourth
articles of the treaty between the King of Prussia and tlie United
States.

If M. de Meusnier proposes to mention the facts of cruelty, of
which he and Mr. Jefferson spoke yesterday, the twenty-fourth
article will introduce them properly, because they produced a
sense of the necessity of that article. These facts are, 1. The
death of upwards of eleven thousand American prisoners, in one
prison ship (the Jersey,) and in the space of tliree years. 2.
General Howe's permitting our prisoners, taken at the battle of
Germantown, and placed under a guard, in the yard of the State-
house of Philadelphia, to be so long without any food furnished
them, that many perished with hunger. Where the bodies laid, it
was seen that they had eaten all the grass around them, within

427

tlioir reach, after they liad lost the power of rising, or moving
from tlieir place. 3. The second fact was tlie act of a com-
mnnding officer: the first, of several commanding officers, and, for
so long a time, as must suppose the approhation of government.
Hilt the following was the act of government itself. During the
periods that our affliirs seemed unfavorahle, and theirs successful,
tliat is to say, after the evacuation of New York, and, again, after
the taking of Charleston, in South Carolina, they regularly sent
our prisoners, taken on the seas and carried to England, to the
East Indies. This is so certain, that in the monUi of November
or December, 1785, Mr. Adams having oHicially demanded a de-
livery of the American prisoners sent to the East indies. Lord
CaermarUien answered, oflicially, ' tliat orders were immediately
issued for their discharg(\' M. de Meusnier is at liberty to quote
this fact. 4. A fact, to be ascribed not only to die government,
but to die parliament, who passed an act for that purpose, in the
beginning of the war, was the obliging our prisoners, taken at sea,
to join Uiem, and fight against their countrymen. This they ef-
fected by starving and whipping them. The insult on Captain
Stanhope, which happened at Boston last year, was a consequence
of this. Two persons, Dunbar and Lowthorp, whom Stanhope
had treated in this manner, (having particularly inflicted twenty-
four lashes on Dunbar) meeting him at Boston, attempted to beat
him. But die people interposed, and saved him. The fact is
referred to in that paragraph of the^ Declaration of Independence,
which says, ' He has constrained our fellow citizens, taken captive
on the high seas, to bear arms against their countr)', to become the
executioners of their friends and brethren, or to fall themselves
by their hands.' This was tho most afflicting to our prisoners, of
all the cruellies exercised on diem. The odiers affected die
body only, but this die mind; they were haunted by the horror of
having, perhajt-, themselves shot die ball by which a fadier or a
brother fell. Some of Uiem had constancy enough, to hold out
against half allowance of food, and repealed whippings. These
were generally sent to England, and from dience to the East In-
dies. One of them escaped from die East Indies, and got back
to Paris, where he gave an account of his sufferings to Mr. Ad-
ams, who happened to be dien at Paris.

M. de Meusnier, where he mentions that the slave law has
been passed in Virginia, without the clause of emancipation, is
pleased to mention, diat neidier Mr. Wythe, nor Mr. .Teffl^rson
was present, to make the proposition they had meditated; from
which, people, who do not give themselves the trouble to reflect or
inquire, might conclude, hastily, that their absence was the cause

428

vvliy the pro|)osilioii was not made ; and, of course, tliat tlieie were
not, in the Assembly, persons of virtue and firmness enougli, to
propose the clause for emancipation. This supposition would not
be true. T:.c''t were persons tiiere, who wanted neither the virtue
to propose, noi lalents to enforce the proposition, had they seen that
the dispositio.. Ji" the lepjislature was ripe for it. These wordiy
characters would foci themselves wounded, degraded, and dis-
couraged by this idea. Mr. Jefferson would therefore be oblif:;L'd
to M. do Meusnier, to mention it in some such manner as this.
* Of die two commissioners, who had concerted the amendatory
clause for die gradual emancipation of slaves, Mr. Wytiio coidd
not be present, he being a member of die judiciary (le[)artm(!nt,
and Mr. JelFcrson was absent on the legation to France. IJut
diere were not wanting in that Assembly, men of virtue enough
to propose, and talents to vindicate Uiis clause. IJut tliey saw, diat
die moment of doing it with success, was not yet arrived, and that
an unsuccessful effort, as too often happens, would only rivet still
closer die chains of bondage, and retard the moment of delivery
to this oppressed description of men. What a stupendous, what
an incomprehensible macliine is man! who can endure toil, famine,
stripes, imprisonment, and death itself, in vindication of his own
liberty, and, t'io next moment, be deaf to all those motives whose
power supported him dirough his trial, and inflict on his fellow men
a bondage, one hour of which is fraught widi more misery, than
ages of diat which he rose in rebellion to oppose. But we must
await, widi patience, die workings of an overruling Providence, and
hope diat that is preparing the deliverance of these, our suffering
brethren. When the measure of their tears shall be full, when
tlieir groans shall have involved heaven itself in darkness, doubt-
less, a God of justice will awaken to their distress, and by diffusing
light and liberality among their oppressors, or, at length, by his
cxterminadng thunder, manifest his attention to die diings of this
world, and that diey are not left to die guidance of a blind fa-
tality.'

[The following are the articles of the treaty widi Prussia, re-
ferred to in die preceding observadons.]

Article 13. And in the same case, of one of the contracting
parties being engaged in war with any other power, to prevent all
the difficulties and misunderstandings, that usually arise respect-
ing die merchandise heretofore called contraband, such as arms,
ammunition, and military stores of every kind, no such articles,
carried in die vessels, or by the subjects or citizens of one of the

429

racting
^ent all
spect-
arms,
rticles,
of iho

parlies, to the enemies of the other, shall be doomed contraband,
m) as to induce confiscation or condemnation, and a loss of pro-
perty to individuuls. Nevertheless, it shijll be lawful to stop such
vessels and articles, and to detain them for such lenj^th of lime, as
the captors may think necessary to prevent the inconvenitmce or
damage that might ensue from their proceeding, paying, however,
a reasonable compensation for the loss such arrest shall occasion
to the proprietors : and it shall further be allowed to use, in the
service of the captors, the whole or any part of the military stores
so detained, paying the owners the full value of the same, to be
ascertained by the current price at the place of its destination.
Hut in the case siij)posod, of a vessel stopped for articles hereto-
fore deemed contraband, if the master of the vessel stopped, will
deliver out the goods su|)posed to be of contraband nature, he
shall be admitted to do it, and the vessel' shall not, in that case,
bo carried into any port, nor further detained, but shall be allow-
ed to proceed on iier voyage.

Article 23. If war should arise between the two contracting
parties, the merchants of either country, then residing in the other,
shall be allowed to remain nine months to collect their debts, and
settle their affairs, and may depart freely, carrying off all their ef-
fects, without molestation or hindrance : and all women and chil-
dren, scholars of every faculty, cultivators of the earth, artizans,
manufacturers and fishermen, unarmed, and inhabiting unfortified
towns, villages, or places, and, in general, all others whose occu-
pations are for the common subsistence and benefit of mankind,
shall be allowed to continue their respective employments, and
shall not be molested in their persons, nor shall their houses be
burned or otherwise destroyed, nor their fields wasted by the
armed force of the enemy, into whose jiower, by the events of
war, they may happen to fall : but if any thing is necessary to be
taken from them, for the use of such armed force, the same shall
be paid for at a reasonable price. And all merchant and trading
vessels, employed in exchanging the products of different places,
and tliereby rendering the necessaries, conveniences and comforts
of human life more easy to be obtained, and more general, shall
be allowed to pass free and unmolested. And neither of the con-
tracting parties shall grant, or issue any commission to any private
armed vessels, empowering them to take or destroy such trading
vessels, or interrupt such commerce.

Article 24. And to prevent the destruction of prisoners of war,
by sending them into distant and inclement countries, or by
crowding them into close and noxious places, the two conti*acting
parties solemnly pledge themselves to each other and the world.

n

430

that tlii'y will nol miopt any such practice : that lU'ithor will scud
the prisoiuM's whom thoy may take from the other, into the Kiisi
Indies or any other parts of Asia or Africa : hut that they shall he
placed in some pari of their dominions in Europe or America, in
wholesome situations, that they shall not he i onlined in (lunj^eons,
prison ships, nor prisons, nor he put int<» irons, nor hound, nor
otherwise restrained in the use of their limhs. That th(? odircrs
shall he enlarged, on liieir paroles, within convenicuit districts, and
have comfortahle (juarters, and the common men he disposed in
cantonments, open and extensive enough for air and exercise, and
lodged in harracks as roomy and good, as are provided hy the
j)ariy, in whose power they are, for their own troops ; that the
oliicers shall he daily fiunished hy the party, in whose power they
are, with as many rations, and of the same articles and (piality, as
are allowed hy them, either in kind or hy comnmtation, to oflicers
ofe(|ual raidi in their own army; and all others shall he daily fur-
nished hy theii», with such rations as they allow to a coiinnon sol-
dier ill (heir own service ; the value whereof shall he paid hy the
Other i)arty, on a mutual adjustment of accounts for th*; subsist-
ence of prisoners, at the close of the war : and the said nccoinits
shall not he mingled with, or set olF against any others, nor the
nalances due on them, he withheld as a satisfaction or reprisal for
nny odier article, or for any other cause, real or pri'tended, what-
ever. That each party shall he allowed to keep a conunissary of
prisoners, of dieir own apjwintment, with every separate canton-
ment of j)risoners in possession of the other, which commissary
shall sec the prisoners as often as he pleases, shall he allowed to re-
ceive and distrihute whatever comforts may he sent to them hy
their friends, and shall he free to make his reports, in open letters,
to those who employ him. But if any oflicer shall hrcak his pa-
role, or any odier prisoners shall escape from the limits of his can-
tonment, after they shall have heen designated to him, such indi-
vidual officer, or other prisoner, shall forfeit so much of the benefit
of this article, as provides for his enlargement on parole or can-
tonment. And it is declared, that neither die pretence that war
dissolves all treaties, nor any other whatever, shall be considered
as annulling or suspenduig lliis, or tlie next preceding article, but,
on the contrary, that the state of war is precisely that for which
they are provided, and during which, diey arc to be as sacredly
observed, as the most acknowledged articles in the law of nature
and nations.

4.U

LBTTKR <;LII.

TO HH. hittkniiouse:.

Parid, January 2'), I7dfl.
Deau Sir,

Your favor of Si-ptcmbcr llio J8tli, came to liaiid a few days
a|i;o. 1 thank }ou for the details on the subject of the southern
and western lines. There remains thereon, one article, however,
which 1 will still hcii; yon to iid'onn me of; viz. how far is the west-
ern boundary beyond tlu; meridian of Pittsburj:;h ? This iidorma-
tion is necessary to enable me to trace diat boundary in my map.
I shall be much gratilicd, also, with a connnunication of yom' ob-
servations on the curiosities of the western country. It will not
be diflicult, to induce me to ^we up the theory of the growth of
shells, without their bcinji; the nidus of animals. It is only an
idea, and not an opinion with me. " In the Notes wiUi which 1
troubled you, 1 had observed that there were three opinions as to
the origin of diese shells. I. That they have ber;n deposited
even in the highest mountains, by an universal deluge. 2. That
they, with all the calcareous stones and earths, are animal remains.
3. That they grow or shoot as chrystals do. I find that 1 could
swallow the last opinion, sooner than cither of the others ; but 1
have not yet swallowed it. Another opinion might have been ad-
ded, that some throe of nature has forced up parts which had
been the bed of the ocean. Hut have we any better proof of
such an etTort of nature, than of her shooting a lapidific juice into
the form of a shell ? IVo such convulsion has taken place in our
time, nor within die annals of history : nor is the distance greater,
between the shooting of the lapidific juice into die form of a
chrystal or a diamond, which we see, and into the form of a shell,
which we do not see, than between die forcing volcanic matter a
little above the surface, where it is in fusion, wliich we see, and
the forcing the bed of die sea fifteen diousand feet alove the or-
dinary surface of d)e earth, which we do not see. It is not possi-
ble to believe any of these hypotheses ; and if we lean towards any
of them, it should be only till some other is jnoduced, more ana-
logous to the known operations of nature. In a letter to Mr. Hop-
kinson, I mendoned to him that the Abbe Rochon, who discover-
ed the double refracdng power in some of die natural chrystals,
had lately made a telescope with the metal called platina, which,
while it is as susceptible of as perfect a polish as the metal here-
tofore used for the specula of telescopes, is insusceptible of rust,

tj.

w

432

P

as gold and silver are. There is a person here, who lias hit on n
new method of engraving. He gives you an ink of his composition.
Write on coj)per plates, any thing of which yon wonld wish to take
several copies, and, in an hour, the plate will he ready to strike
them off; so of plans, engravings, Sec. This art will he; anniLm"-
to individuals, if he should make it known. 1 send you hcrcnvith
tlie nautical almanacs for 178G, 1787, J78S, 1789, 1790, which
are as late as they are jiuhlished. You ask, how you may reim-
burse the expense of these trifles? 1 answer, by accepting them;
as the procuring you a gratification, is a higher one to ine than
money. We have had nodiing curious published lately. 1 do
not know whether you are fond of chemical reading. There are
some things in this science worth reading. I will send tiiem to
you, if you wish it. INIy daughter is well, and joins me in respects
to Mrs. Rittenhouse and the young ladies. After asking when we
are to have the Tjunarium, I will close with assm-ances of die sin-
cere regard and esteem, with which I am, Dear Sir,

your most obethcnt

humble servant,

7'h: .Ikkff.rson.

LKTTKIl CM I I.

TO A. STEWART, ESCJ.

Taris, January 2r>, 1780.

Dear Sir,

I have received your favor of die 17th of October, which,
though you mention it as the third you have written me, is the first
that has come to hand. 1 sincerely thank vou for the comniu-
nications it contains. Nothing is so grateful to me, at this distance,
as details, both great and small, of what is jvassing in my own
country. Of the latter, we receive little here, because they either
escape my correspondents, or are thought unworthy of notice.
This, however, is a very mistaken opinion, as every one may ob-
serve, by recollecting, that when he has been long absent from \m
neighborhood, the small newsof diat is the most pleasing, and oc-
cupies his first attention, either when he meets with a jnirson from
thence, or returns diither himself. I still hope, therefore, Uiat tlie
letter, in which you have been so good as to give me the minute
occurrences in die neighhorhood of Monticello, may yet come to
hand, and I venture to rely on the many proofs of friendship I

433

have received^om you, for a continuance of your favors. TKis
ivill be the more meritorious, as I have nothing to give you in
exchange.

The quiet of Europe, at this moment, furnishes little which can
attract your notice. Nor will that quiet be soon disturbed, at
least for the current year. Perhaps, it hangs on the life of the
King of Prussia, and that hangs by a very slender thread. Ame-
rican reputation, in Europe, is not such as to be flattering to its
citizens. Two circumstances are particularly objected to us ; the
non-payment of our debts, and the want of energy in our govern-
ment. These discourage a conaection with us. I own it to be
my opinion, that good will arise from the destruction of our cre-
dit. I see nothing else which can restrain our disposition to luxu-
ry, and to the change of those manners which alone can preserve
republican government. As it is impossible to prevent credit, the
best way would be to cure its ill effects, by giving an instantane-
ous recovery to the creditor. This would be reducing purchases
on credit, to purchases for ready money. A man would then see
a prison painted on every thing he wished, but had not ready
money to pay for.

I fear from an expression in your letter, that the people of Ken-
tucky think of separating, not only from Virginia (in which they
are right,) but also from the confederacy. I own, I should think
this a most calamitous event, and such a one as every good citi-
zen should set himself against. Our present federal limits are not
too large for good government, nor will llie increase of votes in
Congress produce any ill effect. On the contrary, it will drown
the little divisions at present existing there. Our confederacy
must be viewed as the nest, from which all America, North and
South, is to be peopled. We should take care, too, not to thmk
it for the interest of that great continent, to press too soon on the
Spaniards. Those countries cannot be in better hands. My fear
is, that they are too feeble to hold them till our population can be
sufficiently advanced, to gain it from them, piece by piece.
The navigation of the Mississippi we must have. This is all we
are, as yet, ready to receive. I have made acquaintance with a
very sensible, candid gentleman, here, who was in South America
during the revok which took place tliere, while our Revolution
was going on. He says, that those disturbances (of which we
scarcely heard any thing) cost, on both sides, an hundred ihmi-
sand lives.

I have made a particular acquaintance here, with Monsieur de
Buffon, and have a great desire to give him the best idea I can of
our elk. Perhaps your situation may enable you to aid me in
VOL. I. 55

ru,

if

if

i .i,

"ill

I ,

I

1 tt

434

tliis. You could not oblige me more, than by sending me tlie horns,
skeleton and skin of an elk, were it possible to procure tliem. The
mostdesirable form of receiving them, would be, to have the skin
slit from the under jaw along tlie belly to the tail, and dovn the
thighs to tlie knee, to take the aninial out, leaving the legs and
hoofs, the bones of the head, and tlie horns attached to the skin.
By sewing up the belly, &^. aril stuffing the skin, it would present
the form of the animal. However, as an opportunity of doing this
is scarcely to be expected, I shall be glad to receive them detach-
ed, packed in a box and sent to Richmond, to the care of Dr.
Currie. Every thing of tliis kind is precious here. And to pre-
vent my adding to your trouble, I must close my letter, with assu-
rances of the esteem and attachment, with which I am. Dear Sir,

your friend and servjuit,

Th : Jefferson.

LETTER CLIV.

TO THE COMMISSIONERS OF THE TREASURY.

Paris, January 26, 1786.

Gentlemen,

1 have been duly honored by the receipt of your letter, of De-
cember the 6th, and am to thank you for tlie communications it
contained, on the state of our funds and expectations here. Your
idea, that these communications, occasionally, may be useful to
to the United States, is certainly just, as I am frequently obliged
to explain our prospects of paying interest, &c. which, I should
better do, with fuller information. If you would be so good as to
instruct Mr. Grand, always to furnish me witli a duplicate of those
cash accounts which he furnishes to you, from time to time, and
if you would be so good aj to direct your secretary, to send me
copies of such letters, as yc • u*ansmit to Mr. Grand, advising him
of the remittances he may expect, from time to time, I should,
thereby, be always informed of the sum of money on hand here,
and the probable expectations of supply. Dr. Franklin, during
his residence here, having been authorised to borrow large sums
of money, the disposal of that money seemed naturally to rest witli
him. It was Mr. Grand's practice, therefore, never to pay mo-
ney, but on his warrant. On his departure, Mr. Grand sent all
money drafts to me, to authorise then* payment. I informed him,
that diis was in nowise within my province, that I waa unqualified

435

to direct him in it, and tiiat were I to presume to meddle, it would
be no additional sanction to him. He refused, however, to pay si
shilling without my order. I have been obliged, Uierefore, to a
nugatoiT iiiterference, merely to prevent the affairs of the United
States Irom standing still. 1 need not represent to you the impro-
priety of my continuing to direct Mr. Grand, longe- than till we
can receive your orders, the mischief which might ensue from the
uncertainty in which this would place you, as to the extent to
which you might venture to draw on your funds here, and the little
necessity there is for my interference. Whenever you order a
sum of money into Mr. Grand's hands, nothing will be more natural
tlian your instructing him how to apply it, so as that he shall ob-
serve your instructions aloiio. Among diese,you would doubdess
judge it necessary to give him one standing instruction, to answer
my drafts for such sums, as my ofTicc authorises me to call for.
These would be salary, couriers, postage, and such other articles
as circumstances will require, which cannot be previously defined.
These will never be so considerable, as to endanger the honor of
your drafts ; 1 shall certainly exercise in Uiem die greatest cau-
tion, and stand responsible to Con,5ress.

Mr. Grand conceives diat lie has suffered in your opinion, by
an application of two hundred diousand livres, during the last year,
differently from what die office of finance had instructed him.
This was a consequence of his being thought subject to direction
here, and it is but justice to relieve him from blame on that ac-
count, and to shew that it ought to fall, if any where, on Dr.
Franklin, Mr. Adams and myself. The case was thus. The
monies hern were exhausted, Mr. Grand was in advance about
fifty thousand livres, and the diplomatic establishments in France,
Spain and Holland, subsisting on his bounties, which they were
subject to see stopped, every moment, and feared a protest on
every bill. Other current expenses, too, were depending on ad-
vances from him, and though these were small in their amount,
they someli, les involved great consequences. In this situation, he
received four hundred diousand livres, to be paid to this govern-
ment for one year's interest. We thought the honor of the United
States, would suffer less by suspending half the payment to this
government, replacing Mr. Grand's advances, and providing a fund
for current expenses. We advised him so to do. I still think it
was for the best, and I believe my colleagues have continued to
see the matter in the same point of view. We may have been
biassed by feelings excited by our own distressing situation. But
certainly, as to Mr. Grand, no blame belongs to him. We ex-
plained this matter in a letter to Congress, at the time, and justice

^'^

■ r

M

m

i

'5

436

requires this explanation to you, as I conjecture that the former
one has not come to your knowledge.

The two hundred thousand livres retained, as before mentioned,
have been applied to the purposes described, to the payment of a
year's interest to the French officers, (which is about forty-two
thousand livres^ and other current expenses, which, doubtless, Mr.
Grand has explained to you. About a week ago, there remained
in his hands but about twelve thousand livres. In this situation,
the demands of tlie French officers for a second year's interest,
were presented. But Mr. Grand observed there were neither mo-
ney nor orders for them. The payment of these gentlemen, the
last, year, h^d the happiest effect imaginable. It procured so many
advocates for the credit and honor of the United States, who were
hetivd in all companies. It corrected the idea that we were un-
willing to pay our debts. I fear that our present failure towards
them, will give new birth to new imputations, and a relapse of
credit. Under this fear, I have written to Mr. Adams, to know
whether he can havj this money supplied from the funds in Hol-
land ; though I have little hope from that quarter, because he had
before informed me, that those funds would be exhausted by the
spring of the present year, and I doubt, too, whether he would
venture to order these payments, without authority from you. I
have thought it my duty to state these matters to you.

I have had the honor of enclosing to Mr. Jay, Commodore
Jones's receipts for one hundred and eighty one tliousand and
thirty-nine livres, one sol and ten deniers, prize money, which
(after deducUng his own proportion) he is to remit to you, for the
officers and soldiers who were under his command. I take the
liberty of suggesting, whether the expense and risk of double re-
mittances might not be saved, by ordering it into the hands of Mr.
Grand, immediately, for the purposes of the treasury in Europe,
while you could make provision at home for the officers and sol-
diers, whose demands will couie in so slowly, as to leave you die
use of a great proportion of this money, for a considerable time,
and some of it for ever. We could then, immediately, quiet the
Frencli officers.

I have the honor to be, with the most perfect respect and es-
teem, Gentlemen,

your most obedient and

most hmnble servant,
» Th: Jefferson.

437

:J- J

> *• i^^:.< •. iM

-it^Ut^

LETTER CLV. ^

I

TO MESSRS. BUCHANAN AND HAT.

Paris, January 26, 1786. t.

Gentlemen,

I had the honor of writing to you, on the receipt of your orders
to procure draughts for the public buildings, r>nd again, on the 13th
of August. In the execution of these o.ders, two methods of
proceeding presented themselves to my mind. The one was, to
leave to some architect to draw an external according to his fancy,
in which way, experience shews, that, about once in a thousand
dmes, a pleasing form is hit upon ; the other was, to take some
model already devised, and approved by the general suffrage of
the "orld. I had no hesitation in deciding that the latter was best,
nor after the decision, was there any doubt what model to take.
There is at Nismes, in the south of France, a building called the
Maison quarree, erected in the time of the Caesars, and which is
allowed, widiout contradiction, to be the most perfect and precious
remain of antiquity in existence. Its superiority over any thing
at Rome, in Greece, at Balbec or Pa'myra, is allowed on all
hands ; and this single object has placed Nismes in the general
tour of travellers. Having not yet had leisure to visit it, I could
only judge of it from drawings, and from the relation of numbers
who had been to see it. I determined, therefore, to adopt this
model, and to have all its proportions justly observed. As it was
impossible for a foreign artist to know, what number and sizes of
apartments would suit the different corps of our government, nor
how they should be connected with one another, I undertook to
form Uiat arrangement, and this being done, 1 committed them to
an architect (Monsieur Clerissault) who had studied this art
twenty years in Rome, who had particularly studied and measured
the Maison quarree of Nismes, and had published a book con-
taining most excellent plans, descriptions, and observations on it.
He was too well acquainted with the merit of that building, to find
himself restrained by m.y injunctions not to depart from his mode).
In one instance, only, he persuaded me to admit of this. That
was, to make the portico two columns deep only, instead of three,
as the original is. His reason was, that this latter depth would
too much darken the apartments. Economy might be added, as
a second reason. I consented to it, to satisfy him, and the plans
are so drawn. I knew that it would still be easy to execute die

U

! I

498

building with a deptli of three columns, and it is whit I would
certainly recommend. We know that the Maison quarree has
pleased, universally, for near two thousand years. By weaving out
a column, the proportions will be changed, and perhaps the effect
may be injured more than is expected. What is good, is often
spoiled by trying to making it better.

The present is the first opportunity which has occurred of
sending the plans. You will, accordingly, receive herewith t!)e
ground plan, the elevation of the front, and the elevation of the
side. The architect having been much busied, and knowing that
this was all which would be necessary in the beginning, has not
yet finished the sections of the building. They must go by some
future occasion, as well as the models of the front and side, which
are making in plaister of Paris. These were absolutely neces-
sary for the guide of workmen, not very expert in their art. It
will add considerably to the expense, and I would not have in-
curred it, but that I was sensible of its necessity. The price of
the model will be fifteen guineas. I shall know in a few days, the
cost of tlie drawings, which probably will be the triple of the
model : however, this is but conjecture. I will make it as small
as possible, pay it, and render you an account in my next letter.
You will find, on examination, that tlie body of this building covers
an area, but two fifths of that which k proposed and begun ; of
course, it will take but about one half the bricks; and, of course,
this circumstance will enlist all the workmen, and people of the
art against the plan. Again, the building begun, is to have four
porticoes ; this but one. It is true that this will be deeper tlian those
were probably proposed, but even if it be made three columns
deep, it will not take half tlie number of columns. The beauty
of this is insured by experience, and by the suffrage of the whole
world : the beauty of tliat is problematical, as is every drawing,
however well it looks on paper, till it be actually executed :
and though I suppose there is more room in the plan begun, than
in that now sent, yet there is enough in this for all the three
branches of government, and more than enough is not wanted.
This contains sixteen rooms ; to wit, four on the first floor, for the
General Court, Delegates, lobby, and conference. Eight on the
second floor, for the Executive, die Senate, and six rooms for
committees and juries: and over four of these smaller rooms of
the second floor, are four mezzininos or entresols, serving as
offices for the clerks of tlie Executive, the Senate, the Delegates,
and the Court in actual session. It will be an objection, that the
work is begun on the other plan. But the whole of this need not
be taken to pieces, and of what shall be taken to p*- . .e bricks

439

will do for inner work. Mortar never becomes so hard and ad-
hesive to the bricks, in a few months, but tliat it may be easily
chipped ofT. And upon the whole, the plan now sent will save a
great proportion of uie expense. '

Hitherto, I have spoken of the capitol only. The plans for the
prison, also, accompany this. They will explain themselves. I
send, also, the plan of the prison proposed at Lyons, which was
sent me by the architect, and to which we are indebted for the
fundamental idea of ours. You will see, that of a great thing a
very small one is made. Perhaps you may find it convenient
to build, at first, only two sides, forming an L ; but of this, you
are the best judges. It has been suggested to me, that fine gravel,
mixed in the mortar, prevents tlie prisoners from cutting them-
selves out, as that will destroy their tools. In my letter of August
the 13th, I mentioned that I could send workmen from hence.
As I am in hopes of receiving your orders precisely, in answer to
that letter, I shall defer actually engaging any, till I receive them.
In like manner, I shall defer having plans drawn for a Governor's
house, &c., till further orders; only assuring you, that the receiving
and executing these orders, wiU always give me a very great
pie. ^ure, and the more, should I find that what I have done meets
you approbation.

I have the honor to be, with sentiments of the most perfect
esteem, gentlemen,

your most obedient and

most humble servant,

Th: Jefferson.

i

1 H

LETTER CLVI.

TO JOHN ADAMS.

Paris, February 7, 1786. ♦

Dear Sir,

I am honored with yours of January the 19th. Mine of January
the 12th, had not, I suppose, at that time got to your hands, as
the receipt of '*. is unacknowledged. 1 shall be anxious till I re-
ceive yo'jr rj-jwer to it.

I was perfectly satisfied before I received your letter, that your
opinion had been misunderstood or misrepresented in the case of
the Chevalier de Mezieres. Your letter, however, will enable
me to say so with authority. It is proper it should be known, that
you had not given the opinion imputed to you, though, as to the

ii

440

•' 111".-

main question, it is becoiue useless ; Monsieur de Reyneval having
assured me, that what I had written on that subject, had perfectly
satisfied the Count de Vergennes and himself, that tliis case could
never come under the treaty. To evince, still further, tlie im-
propriety of taking up subjects gravely, on such imperfect informa-
tion as this court had, I have this moment received a copy of an
act of the Georgia Assembly, placing the subjects of France, as
to real estates, on tiie footing of natural citizens, and expressly re-
cognising the treaty. Would you think any thing could be added,
after this, to put this question still further out of doors ? A gentle-
man of Georgia assured me. General Ogletliorpe did not own a
foot of land in the State. I do not know whether there has been
any American determination on the question, whether American
citizens and British subjects, born before the Revolution, can be
aliens to one another ? I know tliere is an opinion of Lord Coke's,
in Colvin's case, that if England and Scotland should, in a course
of descent, pass to separate Kings, those bom under the same
sovereign during the union, would remain natural subjects and
not aliens. Common sense urges some considerations against
this. Natural suWects owe allegiance ; but we owe none. Aliens
are the subjects of a foreign power ; we are subjects of a foreign
power. The King, by the treaty, acknowledges our independence ;
how then can we remain natural subjects ? The King's power is,
by the constitution, competent to the making peace, war and trea-
ties. He had, tlierefore, authority to relinquish our allegiance by
treaty. But if an act of parliament had been necessary, the par-
liament passed an act to confirm the treaty. So that it appears to
me, that in this question, fictions of law alone, are opposed to
sound sense.

I am in hopes Congress will send a minister to Lisbon. I
know no country, with which we are likely to cultivate a more
useful commerce. ! have pressed this in my private letters.

It is diflicult to learn any thing certain here, about the French
and English treaty. Yet, in general, little is expected to be done
between them. I am glad to hear that the Delegates of Virginia,
had made the vote relative to English commerce, though tliey af-
terwards repealed it. I hope they will come to again. When
my last letters came away, they were engaged in passing the re-
visal of their laws, with some small alterations. The bearer of
this, Mr. Lyons, is a sensible, worthy, young physician, son of one
of our judges, and on his return to Virginia. Remember me with
affection to Mrs. and Miss Adams, Colonels Smith and Hum-
phreys, and be assured of the esteem with which I am, Dear Sir,

your friend and servant,

Th: Jefferson.

441

LETTER CI.VII.

TO JAMES MADISON.

FariN February 8, 1786.

Dear Sir,

My last letters wore of the 1st and 2()tli of Sf plcmbcr, and the
2Htli of October. Yours, nnarknowlodtrod, are of Aufj;usl tlie
2()th, October tlie iJrd, and November tbc 15ili. I take ibis, tbe
first safe opportunity, ofenclosine; to yon tbe bills of lading for your
books, and two oibcrs for your namesake of Williamsburfi;, and for
tbe attorney, wbirli 1 will pray you to forward. I tliank you for
the communication of tbe remonstrance against die assessmeht.
Mazzei, wbo is now in Holland, promised me to bave it publisbed
in tbe Leyden gazette. It will do us great bonor. I wisb it
may be as mucb approv 1 1 v our Asscnd>Iy, as by tbe wisest part
of Europe. I bave beard, ;tb great pleasure, tbat oiu* Assembly
bave come to tbe rcsol ion, of giving tbc regidation of their com-
merce to the federal bead. I will venture to assert, that there
is not one of its opposer.s who, placed on this ground, would not
see die wisdom of this measure. The politics of Eurojie render
it indispensably necc iry, that, with respect to every thing exter-
nal, we be one nation only, firmly hooped together. Interior go-
vernment is what each State should keep to itself. If it were
seen in Europe, that all our States could be brought to concur in
what die Virginia Assembly has done, it would produce a total re-
volution in their opinion of us, and respect for us. And it should
ever be held in mind, diat insult and war are die consequences of
a want of respectability in the national character. As long as tbe
States exercise, separately, those acts of power which respect
foreign nations, so long will diere continue to be irregularities
committed by some one or odier of them, which will constantly
keep us on an ill footing with foreign nations.

I thank you for your information as to my Notes. The copies
1 bave remaining shall be sent over, to be given to some of my
friends, and to select subjects in tbe College. I have been unfor-
tunate here with this trifle. I gave out a few copies only, and to
confidential persons, writing in every copy a restraint against its
publication. Among others, I gave a copy to a Mr. Williams: he
died. I immediately took every precaution I could, to recover
this copy. But, by some means or odier, a bookseller bad got
hold of it. He employed a hireling translator, and is about pub-
lishing it in the most injurious form possible. I am now at a loss
VOL. I. 5<i

^li

442

wlint to do as lo Kn^'!'""'' I^Tt'iy lliinCi f^oo'l or had, is llioiii^lit
wortit pnhlisliiiii!; there ; and I iippreheitd a lianslaiioii hack IVoiii
the French, and a pid)lication (here, i ml her helievo il will he
most eliii;ihl(! to let the original come out in thai country : hut am
not yet decided.

I have purchased little for you in the hook way, since I sent the
catalogue of my former purchases. I wish, first, to ha\t? your
answer to that, and your information, what parts of these pur-
chases went out of your plan. You can easily say, huy more of
this kind, less of that, &.c. My wish is (o conlorm myself to
yours. I can get for you die original Paris edition of the Kn-
cyclopedie, in thirty-five volumes, folio, for six hundred and twenty
livres; a good edition, in thirty-nine volumes, 4to, for three
hundred and eighty livres; and a good one, in diirty-nitu! vo-
lumes, 8vo, for two hundred and eighty livres. The new one will
bo superior in far the grtjater numher of articles; hut not in all.
And the possession of the antient one has, moreover, the advan-
tage of supplying present use. I have hought one for myself, hut
wait your orders as to you. I rememher your purchase of a
watch in Philadelphia. If it should not have proved good, \ ou
can j)rohal)ly sell il. In that case, I can get for }ou here, one
made as |)erfect as human art can make it, for ahoul twenty-four
louis. I have had such a one made, hy tlu; hest and most failh-
ful hand in Paris. It has a second hand, hut no repeating, no
day of the month, nor other useless thing to impivle and injure
the movements which are necessary. For twelve louis more, you
can have in the same cover, hut on the hack, and absolutely
unconnected widi the movements of die watch, a pedometer,
which shall render you an exact account of the distances yon
walk. Your pleasure hereon shall he awaited.

Houdon has returned, lie cdled on me, the other day, to re-
monstrate against die inscription proposed for General Washing-
ton's statue. He says it is too long to be put on the ])edestal. I
told him, I was not at liberty to permit any alteration, hut I would
represent his objection to a friend, who could jiulge of its va-
lidity, and whether a change could be auUioriscd. This has been
the subject of conversations here, and various devices and inscrip-
tions have been suggested. The one which has appeared best
to me, may be translated as follows: 'Behold, Reader, the form
of George Washington. For his worth, ask History ; that will
tell it, when this stone shall have yielded to the decays of time.
His country erects this monument: Houdon makes it.' This lor
one side. On the second, represent the evacuation of Boston,
with the motto, 'Hostibus primuiu fugatis.' On die diiid, die

44B

cnplurc of the Hessians, uilli * llostilms itrrimi dcviclis.' On ilio
foiirlli, the sinnMidcr of York, with ^ llostihtis nlliiiinni dclu'llatis.'
'J'liis is sci'/inii lln' three most hiilliant actions of his military life.
My givinf!; out, hi-re, a uish of rrcoivint; m(4los for this statvie, wo
miglit have thousands oilered, from which still better mi;^ht he
chosen. The artist made the sam«? ohjection, of len,i!;th, to the
inscription for the bust of the Mar(|nis de la Fayette. An alt«'ra-
tion of that mi^ht come in tinte still, if an alteration was wisiied.
llowev(,'r, F am not certain that it is dcsirahle in eitluM* case. 'J'he
State of (ieori:,ia lias given twenty thousand acres of laud, to the
('ount d' Estaing. This gift is considered here, as very honora-
ble to him, and it has gratified him much. 1 am persuaded, that
a gift of lands hy the State of Virginia to the Manpiis de la
Fayett(!, would giv(t a good opinion here, of our character, and
would rellect honor on the IMarcjuis. Nor, am I sure thai the
day will not come, when it might be an useful asylum to him.
The time of life at which he visited America, was too well a-
dapted to receive good ami lasting impre'ssions, to permit him (!ver
to accommodate himself to the jiriiiciples of moiiaicliical go-
vcMiiment; and it will U(;ed all his own prudence, and that of his
friends, to make this country a safe rcsidi;nce for him. Mow glo-
rious, how comfortable in rcnection, will it be, to have prepared
a refuge for him in case of a reverse. In the im-an time, ho
could settle it with tenants from the freest |)art of this country,
Bretaigne. I have never suggested the smallest idea of this kind
to him : because the execution of it should convey the first notice.
If the State has not a right to give him lauds with their own ofli-
cers, they could buy up, at cheap prices, the shares of others. I
am not certain, however, whether in tlu; public or private opinion,
a similar gift to Coiuit Uochambeau could be dispensed with. If
the State could give to both, it would bo better: but, in any event,
I think diey should to the Marquis. Count Rochambeau, too,
has really deserved more attention than he has received. Why
not set up his bust, that of Gates, Greene, Franklin, in your
new capitol? A propos of the capitol. Do, my dear friend, exert
yourself to get the plan begun on, set aside, and that adojHed,
which was drawn here. It was taken from a model which has
been the admiration of sixteen centuries; which has been the
object of as many prilgrimages as the tomb of Mahomet; which
will give unrivalled honor to our State, and furnish a model
whereon to form the taste of our young men. It will cost much
less too, than the one begun ; because, it does not cover one half
of the urea. Ask, if you ple<lse, a sight of my letter of January

I!

'ii

Si

4

444

tho 26th, to Messrs. Buchanan and Hay, whicli will spare mc tlio
repeating its substance here.

Every thing is quiet in Europe. I rerolleci but one new in-
vention in tho arts, which is wortli mentioning. It is a mixture of
the arts of engraving and printing, rendering boUi cheaper. Write
or draw any thing on a plate of brass, wiUi the ink of the inventor
and, in hall nn hour, he gives you engraved copies of ii, so pcrfuctiy
like the original, that they could not be suspt.'cted to he. copies.
His typos for printing a whole page, are all in one solid pieec.
An author, therefore, only prints a few copies of his work, from
time to time, as they are called for. This saves the loss of print-
ing more copies than may posssbly be sold, and prevents an edition
from being ever exhausted.

I am, wiUi a lively esteem. Dear Sir,

your sincere friend and s(Mvant,

Tu: JlIFFEItSON.

mTTKR OliVIIl.

TO THE MARQUIS DE LA rAYKTTK.

PariH, February 9, 17dG.
Dear Sir,

The Mr. John Lcdyard, who proposes to undertake Uic journey
through the northern parts of Asia and America, is a citizen of
Connecticut, one of the United States of America. He accom-
panied Captain Cook in his last voyage to the norUi western parts
of America, and rendered himself useful to dial oflicer, on some
occasions, by a spirit of enterprise which has distinguished his
whole life. He bar genius, and education bett(!r Uian the com-
mon, and a talent for useful and interesting observation. I believe
liim to be an honest man, and a man of truth. To all this, he
adds just as much singularity of character, and of that particular
kind too, as was necessary to make him luidertake the journey he
proposes. Should he get safe through it, 1 diink he will give an
interesting account of what he shall have seen.

I have the honor to be, wiUi sentiments of sincere esteem and
respect, Dear Sir.

your most obedient and

♦ most humble servant,

- Tu: JEFFKRSOff.

445

LETTKIl CI. IX.

TO MUNSIKUK UILLIARD 1> ALBKIITI^I'IL.

Sir,

Pttria, February 5W, l7ftC.

I have hccii honored with your letter, and the hooks vvliicli ac-
conipaiiicd it, lor wliicii i return you my hearty tiianks. America
cannot hut he (laitered with tlie clioiee of the suhject, on whieli
you are at present em|)loyii.<>, your pen. T)ie memory of tlic
American Uevohition will he inuMortal, and will immortalise those
who record it. The reward is encouraj!;inf;, and will justily all
those pains, which a rij^orous investifijation of facts will render ne-
cessaiy. Many ini|M)rtant facts, which preceded the commen(X'-
menl of hostilities, took place in Enj^land. These may mostly bo
obtained from good publications in that country. Some took placte
in this country. They will he probably hidden from the present
age. Hut America is die field where the greatest mass of impor-
tant events were transacted, and where, alone, they can now be
collected. 1 therefore much applaud your idea of going to that
country, for the verification of the facts you mean to record.
Every man lliere, can tell you more than any man here, who has
not been there : and die very ground itself, will give you new in-
sight into some of the most interesting transactions. If I can he of
service to you, in promoting your object there, I olFer myself freely
to your use. I shall be flattered by the honor of your visit here,
at any time. I am seldom from home before noon; but if any
later liour should suit you better, I will take care to be at home,
at any hour and day, you will be pleased to indicate.

1 have the honor to be, with great respect. Sir,

y3ur most obedient hundjle servant,

Th: Jekkkuson.

I

I

LETTKR CI.X,

11

TO THE COUNT !>£ VEUOEN'NES.

Sir,

Paris, February US, 1760.

Circumstances of public duty calling me suddenly to Ij(jndon,
1 lake die liberty of mentioning it to your ? xcellcicy, and of ask-
ing" a few minutes audience of you, at as . ily a day and hour as

446

will be convciiicnl to you, and that you will he so f!;ood as to indi-
cate tlieni to inc. 1 would wish to leave Paris ahout Friday or Satur-
day, and suppose that my stay in liondon will be of about throe
weeks. I shall bo happy to be die bearer of any commands your
Excellency may have for Uiat place, and will faithfully execute
them. I cannot omit mentioning, how pleasinj.^ it would be to me
to be enal)Ied, before my departure, to convey to the American
prisoners at St. Pol do Leon such midgation of their fate, as may
be diought admissible.

I have the honor to be, with sentiments of the highest respect
and esteem, your Excellency's

most obedient and

most humble servant,

Tii: Jkffekson.

J.KTTKU CLXl

TO MONSIEUR DE REYNEVAL.

Sir,

Paris, Marcli 3, 178G.

His Excellency, Count de Vergennes, having been ])leascd to
say that he would give orders at Calais, for die admission of cer-
tain articles which 1 wish to bring with me from England, I have
thought it best to give a description of tlieni, before my departure.
Tliey will be as follows :

1. A set of table furniture, consisting of China, silver and ))lated
ware, distributed into three or four boxes or canteens, for die con-
venience of removing them.

2. A box containing small tools for wooden and iron work, for
my own amusement.

3. A box, probably, of books.

4. I expect to bring with me a riding horse, saddle, &ic.

The mathemaUcal instrtiments will jirobably be so light, diat 1
may bring Uiem in my carriage, in which case, I presume Uuy
will pass widi my baggage, under die authority of tiie passport for
my person. If diese orders can be made out in time, 1 would
willingly be die bearer of them myself.

1 have the honor to be, widi sentiments of die most perfect es-
teem and respect, Sir,

your most obedient servant,

Til : Jefferson.

447

LKTTER CLXII.

TO JOHN JAY.

Sir,

London, Marcli 12, 17S0.

The date of a letter from Ijondon, will doubtless be as unex-
pected to you, as it was unforeseen by myself, a few days ago. On
tile 27tli of tlie last niondi, Colonel Smitb arrived in Paris, with a
letter from Mr. Adams, informiMg me that there was at this place,
a minister from Tripoli, having general powers to enter into trea-
ties on behalf of his State, and widi whom it was possible wc
might do something, under our commission to that power : and diat he
gave reason to believe, he could also make arrangements with us,
for Tunis. Hn further added, dial the minister of Portugal here,
had received ultimate Instructions from his court, and Uiat, probably,
that treaty might be concluded in the s[)acc of three weeks, werw
we all on die s[)ot together. He, therefore, pressed me to come
over immediately. The first of these objects had some weight on
my mind, because, as we had sent no person to Tripoli or Tunis,
I thought, if we could meet a minister from them on this ground,
our arrangeuieiits would be settled much sooner, and at less
expense. But what principally decided me, was, the desire of
bringing matters to a conclusion with Portugal, before die term of
our commissions should exj)irc,or any new turn in the negotiations
of France and England, should abate their willingness to fix a con-
nection will) us. A third motive had also its weight. I hoj)ed
that my aUendance here, and the necessity of shortening it, might
be made use of lo force a decisive answer from this court. I
therefore concluded to comply with ^Iv. Adams's request. 1 went
immediately to Versailles, and apprised the Count de Veigennes,
that circumstances of public duty called me hither for three or
four weeks, arranged with him some matters, and set out with
Colonel SniiUi for diis place, where we arrived last night, which
was as early as the excessive rigour of the weadier admitted. I
saw Mr. Adams immediately, and again to-day. He informs me,
diat the minister of Portugal was taken ill five or six days ago, has
been very much so, but is now somewhat better. It would be
very mortifying, indeed, should this accident, widi the shortness of
the term to which 1 limit my stay here, defeat what was the ])rin-
cipal object of my journey, and that, without which, I should hardly
have undertaken it. With respect to this country, I had no doubt
hut that every consideration had been urged by Mr. Adams, which

1

'4H

448

was proper to be urged. Nothing remains undone in this way.
But wc shall avail ourselves of my journey here, as if made on
purpose, just before the expiration ol our commission, to form our
reiK)rt to Congress on the execution of that commission, which re-
port, they may be given to know, cannot be formed without deci-
sive information of the ultimate determination of their court. There
is no doubt what that determination will be : but it will be useful
to have it ; as it may put an end to all further expectations on our
side the water, and shew that the time is come for doing whatever
is to be done by us, for counteracting the unjust and greedy de-
signs of this country. We shall have the honor, before 1 leave
this place, to inform you of tlie result of tlie several matters which
have brought me to it.

A day or two before my departure from Paris, I received your

letter of January . The question therein proposed. How far

Prance considers herself as bound to insist on tlu; delivery of the
posts, would infallibly produce another. How far we consider our-
selves as guarantees of their American possessions, and bound to
enter into any future war, in which these may be attacked ? The
words of the treaty of alliance seem to be without ambiguity on
either head, yet, I should be afraid to conunit Congress, by an-
swering without authority. I will endeavor, on my return, to
sound the ojjinion of the minister, if possible, without ex[)osing
myself to the other question. Should any thint:; forcible be medi-
tated on these posts, it would jKissibly be thought prudent, pre-
viously to ask the good oflices of France, to obtain their delivery.
In Uiis case, they would probably say, we must first execute the
treaty, on our part, by re])ealing all acts which have contravened
it. Now, this measure, if ihere be any candor in the court of
fiondon, would suHice to obtain a delivery of the posts from them,
without the mcdiiuion of any third j»ower. However, if this me-
diation should be (inally needed, 1 see no reason to doubt our ob-
taisiing it, and still less to question its omnipotent influence on the
British (ourt.

I have the honor to be, with the highest respect and esteem,
Sir, your most obedient and

most humble s(!rvant,

Tii : Jefff.rson.

449

LETTER CLXIII

TO COLONKL HUMPHREYS.

Lonciun, March 14, 17dC.

Deak Sir,

I have been honored with your letter, in which you mention to
me your intention of returning to America in the April packet. It
is witli .sincere concern that I meet tiiis event, as it deprives me
not only of your aid in the oHice in wiiich \vc have been joined,
but also of your society, which has been to me a source of the
greatest satisfaction. 1 liiink myself bound to return you my
thanks for it, and, at the same time, to bear testimony, that in llie
discharge of tl; j oflice of secretary of legation to the several com-
missions, you have fulfilled all its duties with readiness, propriety
and fidelity. I sincerely wish, that on your return, our country
may avail itseli of your talents in the public service, and that you
may be will'ng so to employ them. You carry whli you my
wishes for your prosperity, and a desire of being instrumental to
it : and 1 hope, that in every situation in which we may be plac-
ed, you will freely command and count on my services. 1 will
beg to be favored with your letters, whenever it is convenient.
You iiave seen our want of intelligence here, and well know the
nature of that whirli will be useful or agreeable. J fear I shall
have little interesting to give you in return ; but such news as my
situation affords, you shall be sure to receive. I pray yon to be
the bearer of the (Miclosetl letter to Mr. Jay, to accept my wishes
for a favorable passage, a happy meeting with your friends, and
for every future felicity which this life can afford, being, with the
greatest esteem, Dear Sir,

your sincere friend, and

most humble servant,

Th: Jefferson.

VOL. I.

A

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APPENDIX.

[Note A.]

TO THE fiOVERNOR OF VIRGINIA.

KnRkaskiaB, lUinoiH, April 20, 1770.

Dear Sir,

A few (lays ago, 1 received certain intelligence of William
Morris, my express to you, being killed near the falls of Ohio;
news truly disagreeable to me, as 1 fear many of my letters will fall
into the hands of tlu^ enemy, at Detroit, although some of them,
as I learn, were found in the woods torn in pieces. I do not doubt
but before the receipt of his, you will have heard of my late
success against Governor Hamilton, at post St. Vincenne. That
g(;ntlemnn, with a body of men, |>ossessed himself of that i)ost on
the ITith of December last, repaired the fortifications for a reposi-
tory, and in die spring, meant to attack this place, which he
made no doubt of carrying ; where he was to be joined by two
hundred Indians from Alichilimackinac, and five hundred Ciiero-
kees, Chickasaws, and other nations. With diis body, he way to
penetrate up the Ohio to Fort Pitt, sweep ^ Kentucky on his way,
havbig light brass canon for the purj)usej joined on his marcli,
by all the Indians Uiat could be got to bin H" uiade no doidjt,
that he could force all West Augusta. Thi.> expedition was
ordered by the commander in chief of Canada. Destiuction sefm-
ed to hover over us from every quarter ; detached parties of du;
enemy were in the neighborliood every day, but afraid to aitJick. I
ordered Major IJownian to evacuate die fort at die Cohas, and
join me immediately, which he did. Having not received a srrapo
of a pen from you, for near twelve months, 1 could see but laile
probability of keeping possession of tlio country, as my number of
men was too small to stand a siege, rmd my situation too remote
to call for assistance. I made all the preparations I possibly could
for the attack, and was n'^ces.Vitali'd to set fire to sonic of th"
houses in town, to clear ihcm out of the way. But in the height

11

""^tS

I' 5':

452

of the hurry, a Spanish morcliant, who hnti bocn at St. V' inccnne,
arrived, nii(i gave the lollowin}; intelligence: that Mr. Hamilton
had weakened himself, by sendinp; his Indians apjainst tiie fron-
tiers, and to block u|) the ()hio; that he had not more than eiphty
men in garrison, three pi(!ces of cannon, and some swivels mount-
ed ; and that he imended to attack this place, as soon as the winter
opened, and made no doubt of clearing the western waters by the
fall. IMy situation aiul circumstances induced me to fall on the re-
solution of attacking him, before he could collect his Indians again.
1 was sensible the resolution was as desperate as my situation, but
I saw no other probability of sc^curing the country. I immedi-
diately despatched a small galley, which I had fitted up, mount-
ing two four |M)unders and four swivels, with a company of
men and necessary stores on board, with orders to force her way,
if |K)ssible, and station herself a few miles below the enemy, sid-
fer nothing to pass her, and wait for lurther orders. In the mean
time, 1 marched across the country with one hundred and thirty
men, being all 1 could raise, after leaving this place garrisoned by
the militia. The inhabitants of the country behaved exceedingly
well, numbers of young men turned out on the expedition, and
every other one embodied to guard the different towns. I marched
the 7th of February. Aldiough so small a body, it took me six-
teen days on the route. The inclemency of the season, high
waters, ^c. seemed to threaten the loss of the expedition. When
within three leagues of of the enemy, in a direct line, it took us
five days to cross the drowned lands of the Wabash river, having
to wade often, upwards of two leagues, to om- breast in water.
Had not the weather been warm, we must have perished. But
on die evening of tiie 23rd, we got on dry land, in sight of the
enemy ; and at seven o'clock, made the attack, before they knew
any thing of us. The town inunediately surrendered with joy,
and assisted in the seige. There was a continual fire on both
sides, for eighteen hours. I had no expectation of gaining the
fort until the arrival of my artillery. The moon setting about one
o'clock, I had an entrenchment thrown up within riHe shot of their
strongest battery, and poured such showers of well directed balls
info tijeir ports, that we silenced two pieces of cannon in fifteen
minutes, without getfing a man hurt.

(Governor Hamilton and myself had, on the followine; day, several
conferences, but did .lot agree until the evening, when he agreed to
surrender the garrison (seventy-nine in number) prisoners of war,
with considerable stores. I got only one man wounded ; not being
able to lose many, I made tliem secure themselves well. Seven
wer" badly wounded in the fort, throtigh th<' jiorts. (n the height of

^ .- •

inccnne.

45a

this action, an Indian party that had boon to war, and taken two pri-
soners, canu! in, not knowing; of us. Hearing of them, I despatched
a f>arty to g;ive Uiem battle in the commons, and got nine of them,
with the two prisoners, who proved to he Frenchmen. Hearine;
of a convoy of goods from Detroit, 1 sent a party of sixty men, in
armed boats well mounted with swivels, to meet diem, before they
ould receive any intelligence. They met the convoy forty
leagues up the river, and made a prize of the whole, taking forty
prisoners and about ten thousand |)Oun(ls worth of goods and pro-
visions; also, the mail from Canada to Governor Hamilton, con-
taining, however, no news of im|>crtance. Hut what crowned the
general joy, was the arrival of William Morris, my express to you,
with your letters, which gave general satisfaction. The soldiery,
being made sensible of the gratitude of their country for their
services, were so much elated, that U»ey would have attempted the
reduction of Detroit, had I ordered them. Having more prison-
ers than I knew what to do with, I was obliged to discharge a greater
part of them, on parole. IMr. Hamilton, his principal officers
and a few soldiers, i have sent to Kentucky, under convoy of
Captain Williams, in order to be conducted to you. After de-
spatching Morris with letters to you, treating with the niMghboring
Indians, &,c. I returned to this i)lace, leaving a sufiicient garrison
at St. Vincenne.

Dining my absence. Captain llobert George, who now coni-
mands the comj)any formerly cojninanded by Ca|)tain Willing,
had returned from New Orleans, which greatly added to our
strength. It gave great satisfaction to the inhabitants, when ac
quainled widi the protection which was given them, the alliance
with France, &ic. I am impatient for the arrival of Colonel
Montgomery, but have heard noUnng of him lately. By your
instructions to me, I find you put no confidence in General M'ln-
tosh's taking Detroit, as you encourage me to attempt it, if possi-
ble. It has been twice in my power. Had 1 been able to raise
only five hundred men when I first arrived in the country, or w hen
I was at St. Vincenne, could J have secured my ])risoners, and only
have had three hundred good men, I should have attempted
it, and since learn there could have been no doubt of success, as
by some gentlemen, latel) from that post, we are informed that
the town and country kept three days in feasting and diversions, on
hearing of my success against Mr. Hamilton, and were so certain
of my embracing the fair opportunity of possessing myself of that
post, that the merchants and others provided many necessaries for
us on our arrival; the garrison, consisting of only eighty men, not
daring to stop their <liv<.'rsions. They are ih)w completing a new

11

454

fort, and I fear too stronfi; for any forcj I sJiall ever be able to
raise in this country. We are proud to hear Congress intends
putting their forces on the frontiers, under your direction. A small
army from Pittsburg, conducted with spirit, may easily take De-
troit, and put an end to tlio Indian war. Those Indians who are
active against us, are the six nations, part of the Shawnese, the
Mcamonies, and about half the Chesaweys, Ottawas, Jowaas, and
Pottawatimas nations, bordering on the lakes. Those nations wlio
have treated with me, have behaved since very well ; to wit, the
Peankishaws, Kicca|K)os, Orcaotienans of the Wabash river, the
Kaskias, Perrians, Mechitr^iniies, Foxes, Socks, Opays, Illinois and
Poues, nations of the Mississippi and Illinois rivers. Part of the
Chesaweys have also treated, and are peaceable. I continually
keep agents among them, to watch their motions and keep them
peaceably inclined. Many of the Cherokees, Chickasuws, and
their confederates, arc, I fear, ill disposed. It would be well if
Colonel Montgomery should give them a dressing, as he comes
down the Tennessee. There can be no peace expected from
many nations, while the English are al Detroit. I strongly suspect
they will turn tlieir arms against the Illinois, as they will be en-
couraged. I shall always be on my guard, watching every oppor-
tunity to take the advantage of the enemy, and, if I am ever able
to muster six or seven lunulred men, I shall give them a shorter
distance to come and fight me, than at this place.

There is one circumstance very distressing, that of our money's
being discredited, to all intents and purposes, by the great number of
traders who come here in my absence, each outbidding the other,
giving prices unknown in this countiy by five hundred per cent,
by which the people conceived it to be of no value, and both
French and Spaniards refused to take a 'arthing of it. Provision
is three times the price it was two months past, and to be got by
no other means than my own bonds, goods, or force. Several
merchants are now advancing considerable sums of dieir own pro-
perty, rather than the service should suffer, by which I am sensible
they must lose greatly, unless some method is taken to raise the
credit of our coin, or a fund be sent to Orleans, for the payment
of tlie expenses of this place, which would at once reduce the price
of every species of provision ; money being of little sen/ice to them,
unless it would pass at the ports they trade at. I mentioned to
you, my drawing some bills on Mr. Pollock in New Orleans, as 1
had no money with me. He would accept the bills, but had not
money to pay them off, though the sums vve;e trifling ; so that we
have little credit to expect from that quarter. I shall take every
step 1 possibly ran, for laying up a sufficient quantity of provisions,

455

loncy s

nbor of

other,

cent,

both

ovision

got by

everal

n pro-

ensible

se the

mient

price

them,

ned to

s, as 1

d not

lat we

every

isions,

t

Uiid liO{)e you will iinincdiaicly send nic an express witii your in-
structions. Public expenses in this country, iiave hitherto been
veiy low, and may still continue so, if a corresi)ondence is fixed
at New Orleans ior payment of expenses in this country, or gold
and silver sent. I am glad to hear of Colonel Todd's appoint-
ment. I think government has taken tlie only step they could
have done, to make tliis country flourish, and be of service to them.
No other regulation would have suited the ))eopIe. The last ac-
count I had of Colonel Rogers, was his being in New Orleans,
with six of his men. The rest he left at the Spanish Ozack, above
tho Natches. I shall immediately send him some provisions, as I
lean? he is in great want. I doubt, he will not be able to get his
goods up the river, except in Spanish bottoms. One regiment
would i)c able to clear die Mississippi, and do great damage to the
British interest in Florida, and, by properly conducting themselves,
might perhaps gain the aflection of the people, ro as to raise a
sufficient force to give a shock to Pensacola. Our alliance with
France has ntirely devoted this people to our interest. I have
sent several copies of the articles to Detroit, and do not doubt but
they will produce the desired effect. Your instructions, 1 shall
pay implicit regard to, and hope to conduct myself in such a man-
ner as to do honor to my country.

I an), with Uie greatest respect,

your humble servant, "

G. R. Clarke.

P. S. I understand there is a considerable quantity of cannon ball
at Pittsburg. We are much in want of four and six [lound ball.
1 hope you will inniiediately order some down.

In Council, Juno 18, 1779.

The board proceeded to the consideration of the letters of Co-
lonel Clarke, and otlier papers relating to Henry Hamilton, Esq.
who has acted for some years past, as Lieutenant Governor of the
settlement at and about Detroit, and commandant of the British
garrison there, under Sir Guy Carkton, as Governor in chief;
Philip Dejean, justice of the peace for Detroit, and William La-
mothe, captain of volunteers, prisoners of war, taken in the county
of Illinois.

They find, that Governor Hamilton has executed the task of
inciting die Indians to perpetrate llieir accustomed cruelties on the
citizens of Uie United States, without distinction of age, sex, oi
condition, with an eagerness and avidity which evince, that the
general nature of his charge harmonised with his particular dispo-

45()

sitiuii. They vliudld liavu been sntislied, fruin iliu oilier tesliinuny
aildncetl, Uml these eiioniiilies were rominitted by savages iutint;
(iiuier his eoiniuissioii, hut tiie niiinher oC pnx laiiintions, wliich, at
difTerent times, were left in liouses, tiie iiihal)itai)ts of whicli were
killed or carried nway by the Indians, one of whieh proclamations
is in possession of die hoard, under the hand and seal of (i(>v(!rnor
Hamilton, puts Uiis fart beyond a doubt. At the time of his ca|>
tivity, it n|)pears, he had suntconsideralile bodies of Indians against
die frontier settlements of diese StaH's, and had actually appointed
a great council of Indians, to meet bin' at Tennessee, to concert
the operations of this present campaign. They find iliat his tr«'at-
ment of our ciuzens and soldiers, taken and carried wid»in tin? li-
mits of his cotnmand, has been cruel and inhuman ; that in the
case of John Dodge, a citi/en of these States, whicii has been
pnrticularly stated to this board, lit; loaded him with irons, threw
him into a dungeon, widiout bedding, without straw, uithoiu Civv,
in the dead of winter and severe climaic of Detroit; that, in that
state, he wasted him with incessant expectiitions of death : that
when die rigours of his situation hi'd brought him so low, that
death sectricd likely to withdraw him from tluir power, he was
taken out and somewhat attended to, until a little mended, and
before h<i had recovered ability to walk, was Jigain returned to
his dungeon, in which a hole was cut, seven inches s(|uarc only,
for die admission of air, and the same load of irons again put on
him : that appearing, a second time, in imminent <langcr of
being lost to them, he was again taken from his dungeon, in which
he had lain from January till June, with the intermission of a few
weeks only, before mentioned. That (jovernor Hamilton gave
standing rewards for scalps, but offered nn»ie for prisoners, which
induced the Indians, after making their captives carry their bag-
gage into the neighborhood of the fort, there to put them to deadi,
and carry in dieir scalps to the Governor, who welcomed their re-
turn and success by a discharge of cannon. That w hen a prisoner,
brought alive, and destined to death by the Indians, die fire al-
ready kindled, and himself bound to the stake, was dexterously
withdrawn, and secreted from them by the humanity of a fellow
prisoner, a large reward was offered for the discovery of die vic-
tim, which having tempted a servant to betray his concealment,
die present prisoner Dejean, being -ent widi a party of soldiers,
surrounded the house, took and tlir< w into jail the unhappy vic-
tim and his deliverer, where die former soon expired under the
perpetual assurances of Dejean, that he was to be again restored
into die hands of the savages, and the latter when enlarged, was
bitterly reprimanded by Governor Hamilton.

457

!'

It appears to them, that ihe prisoner Dejean was on all ocra-
sions, the willing aiui cordial instniinent of Ciovernor Hamilton,
acting botli as judge and keeper of the jails, and instigating and
urging him, by malicious insinuations and untruths, to increase, ra-
ther than relax his severities, heightening the cruelty of his orders
by his manner of executing them, offering at one time a reward
to one man to be hangman for another, threatening his life on re-
fusal, and taking from his prisoners the little property Uicir oppor-
tunities enabled ihem to ac(]uire.

It appears, that the prisoner I^mothe, was a captain of the vo-
lunteer scalping parlies of Indians and whites, who went, from
time to time, under general orders to spare neither men, women,
nor children. From (his detail of circumstances, which arose in
a few cases only, coming accidenially to the knowledge of the
hoard, they think themselves authorised by fair deduction, to pre-
sume what would be the horrid history of the suflerings of the
many, who have expired under their mis<>iic , 'which, tlicrefore,
will remain forever untold) or, who have escaped ^rom them, and
are yet too remote and too nnich dispersed, to bring together their
well founded accusations against tin; jM-isoners.

They have seen that the conduct of the British oHicers, civil
and military, has in the whole course of this war, been savage,
and unprecedented among civilized nations ; that our oflicers ta-
ken by them, havi; been confined in crowded jails, loaUisome
dungeons and prison ships, loaded nith irons, su])plied often with
no f(X)d, generally with loo UtUe for the sustenance of nature, and that
little sometimes unsound and unwholcsonH' whereby such num-
bers have perished, thai captivity and death have with lliem been
almost synonymous; thai they ha»e been transported beyond seas,
where their fate is out of the reach of our inquiry, have been
compelled to take arms against their country, and by a refinement
in cruelty, to become murderers of Uieir own brethren.

Their prisoners wiUi us have, on the other hand, been treated
m\h humanity and moderation ; they have been fed, on all occa-
sions, with wholesome and plentiful food, suffered to go at large
within extensive tracts of countr)', treated with liberal hospitality,
permitted to live in th^ families of our citizens, to labor for them-
selves, to acquire and enjoy profits, and finally to participate of
the principal benefits of society, privileged from all burdens.

Reviewing this contrast, which cannot be denied by our ene-
mies themselves, in a single point, and which has now been kept
up during four years of unremitting war, a term long enough to
produce well founded despair that o«»r moderation may ever lead
them to the practice of humanity ; called on by that justice we owe
vol.. I. 58

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458

to those who are fighting the battles of our country, to deal out, at
length, miseries to their enemies, measure for measure, and to dis-
iTess the- feelings of mankind by exhibiting to them spectacles of se-
vere retaliation, where we had long and vainly endeavored to intro-
duce an emulation in kindness ; happily possessed, by the fortune of
war, of some of those very individuals who, having distinguished
themselves personally in this line of cruel conduct, are fit subjects
to begin on, with the work of retaliation ; this board has resolved to
advise the Governor, that the said Henry Hamilton, Philip Dejean
and William Lamothe, prisoners of war, be put into irons, confined
in the dungeon of the public jail, debarred the use of pen, ink and
paper, and excluded .all converse, except with their keeper. And
the Governor orders accordingly.

Arch. Blair, C. C.

v*

[Note B.]

In Council, September 29, 1779.

The board having been, at no time, unmindful of the circum-
stances attending the confinement of Lieutenant Governor Hamil-
ton, Captain Lamothe and Philip Dejean, which the personal
crMeltJes of tliose men, as well as the general conduct of the enemy,
had constrained tliem to advise : wishing, and willing to expect,
that their sufierings may lead them to the practice of humanity,
should any future turn of fortune, in their favor, submit to their
discretion the fate of their fellow creatures; that it may prove an
admonition to others, meditating like cruelties, not to rely for im-
punity in any circumstances of distance or present security ; and that
it may induce the enemy to reflect, what must be the painful con-
sequences, should a continuation of the same conduct on their
part, impel us again to severities, while such multiplied subjects of
retaliation are within our power : sensible that no impression can
be made on the event of the war, by wreaking vengeance on mise-
rable captives ; that the great cause which has animated the two
nations against each other, is not to be decided by unmanly cruel-
ties on wretches, who have bowed their necks to the power of the
victor, but by the exercise of honorable valor in the field : ear-
nestly hoping that the enemy, viewing the subject in the same
light, will be content to abide the event of that mode of decision,

459 -

and spare us the pain of a second departure from kindness to our
captives : confident that commiseration to our prisoners is the only
possible motive, to vjrhich can be candidly ascribed, in the present
actual circumstances of the war, the advice we are now about to
give ; the board does advise the Governor to send Lieutenant Go-
vernor Hamilton, Captain Lamothe and Philip Dejean, to Hanover
court house, there to remain at large, within certain reasonable
limits, taking their parole in the usual manner. The Governor
orders accordingly.

Arch: Blair, C. C.

Ordered, that Major John Hay be sent, also, under parole, to
the same place.

Arch: Blair, C. C.

I

[Note C]

In Council, October 8, 1779.

The, Governor is advised to take proper and effectual measures
for knowing, from time to time, the situation and treatment of our
prisoners by the enemy, and to extend to theirs, with us, a like
treatment, in every circumstance ; and, also, to order to a proper
station, the prison ship fitted up on recommendation from Con-
gress, for the reception and confinement of such prisoners of war,
as shall be sent to it.

Arch: Blair, C. C.

[Note D.]

[After letter XVII. in the MS. is inserted the following memo-
randum.]

Female Contributions^ in aid of the wary probably in 1780.

Mrs. Sarah Cary, of Scotchtown, a watch-chain, cost £7 sterling,

Mrs. Ambler, five gold rings,

Mrs. Rebecca Ambler, three gold rings,
Mrs. Nicholas, a diamond drop,

460

Mrs. Griffin, of Dover, ten half joes,

Mrs. Gilmer, five guineas,

Jiibs. Anne Ramsay, (for Fairfax) one half joe, three guineas, three
pistereens, one bit.

Do. for do. paper money, bundle No. 1 , twenty thousand dollars,
No. 2, twenty seven thousand dollars, No. 3, fifteen thousand
dollars. No. 4, thirteen thousand five hundred and eighteen dol-
lars and one third.

Mrs. Lewis, (for Albemarle) £1559 83. paper money,

Mrs. Weldon, £39 1 8s. new, instead of £1600, old paper money,

Mrs. Blackburn, (for Prince William) seven thousand fi_ve hundred
and six dollars, paper money,

Mrs. Randolph, the younger, of Chatsworth, eight hundred dollars.

Mrs. Fitzhugh and others, £558.

[Note E.]

Lord Cornwallis's letter to Lieutenant Colonel JVisbet Balfour,

Commander at Ninety Six.

I have the happiness to inform you, that on Wednesday the
16th instant, I totally defeated General Gates's army. One thou-
sand were killed and wounded, about eight hundred taken prison-
ers. We' are in possession of eight pieces of brass cannon, all
they had in the field, all their ammunidon wagons, a great num-
ber of arms, and one hundred and thirty baggage wagons : in
short, there never was a more complete victory. I have written
to Lieutenant Colonel TurnbuU, whom I sent to join Major John-
son on Little river, to push on after General Sumpter to tiie Wax-
haws, whose detachment is the only collected torce of rebels in
all this country. Colonel Tarlton is in pursuit of Sumpter. Our
loss is about three hundred killed and wounded, chiefly of the
thirty-third regiment and volunteers, of Ireland. T have given
orders that all the inhabitants of this province, who have sub-
scribed and taken part in this revolt, should be punished with the
greatest rigour; also, that those who will not turn out, may be im-

frisoned, and their whole property taken from tliem, and destroyed,
have also ordered that satisfaction should be made for their es-
tates, to those who have been injured and oppressed by them. 1
have ordered, in the most positive manner, that every militia man

461

who has borne arms with us and aftei'wards joined the enemy,
shall be immediately hanged. I desire you will take the most
rigorous measures to punish the rebels in the district in which you
command, and that you will obey, in the strictest manner, the di-
rections I have given in this letter, relative to the inhabitants of
this country. Cornwallis.

August, 1780.

[Note F.]

TO LORD cornwallis.

Portsmouth, Virginia, November 4, 1780.

My Lord,

1 have been here near a week, establishing a post. I wrote to
you to Charleston, and by another messenger, by land. I can-
not hear, for a certainty, where you are: I wait your orders.
The bearer is to be handsomely rewarded, if he brings me any
note or mark from your Lordship. A. L.

em.
la man

3
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Ban

for,

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Cam

Carr

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21i

Contr

Cornv

Coun<

Crime

INDEX.

A.

Adams John, letters to, 231, 243, 245, 259, 263, 267, 270, 303,

315, 319, 320, 361, 366, 371, 372, 376, 439.
Asquith Lister, letters to, 314, 324, 366, 397 ; case of, 356.

B. ■-

Bannister J. junior, letter to, 345.

Barclay Thomas, heads of instructions to, 305 ; heads of enquiry

for, 307.

Bellini Mr. letter to, 326.

Briet Monsieur, letter to, 255.

Buchanan and Hay Messrs. letters to, 272, 437.

C.

Carmichael William, letters to, 241, 284, 347, 350.

Carr Peter, letter to, 285.

Gary A. letter to, 395.

Castries M. de, letter to, 265.

Chastellux General, letter to, 228.

Clarke G. R. letter of, to the Governor of Virginia, 451.

Coinage, Notes on a, for the United States, see Unit of Money.

Congress, letters to the President of, 203, 205, 212, 213, 214,

215, 216, 217, 251 ; extract from report to, 378.
Contributions, female, 459.

Cornwallis Lord, letter from, to Colonel Balfour, 460.
Council of Virginia, resolutions of the, see Virginia.
Crimes and punishments, a bill for proportioning of, 120.

464

D.

D*Auberteuil Monsieur Hilliard, letter to, 445.

Desbordes Monsieur, letter to, 342.

Dumas and Short Messrs. letter to, 302.

E.

Encyclopedic Methodique, observations on an article prepared for
the, 405; answer to questions proposed by the author of
the, 398; observations to the author of the, on articles of the
treaty with Prussia, 426.

F.

Fayette Marquis de la, letter to the, 444.
Forrest Colonel Uriah, letter to, 227.
Franklin Doctor, letters to, 153, 330.
French and Nephew, letter to, 256.

G.

Gates General, letters to, 178, 182, 186, 189, 193, 209.

Geismer Baron, letter to, 311.

Georgia, letter to the Governor of, 373.

Georgia, letter to the delegates of in Congress, 375.

Gerry Elbridge, letter to, 336.

Greene General, letter to, 396.

H.

Harriey David, letter to, 307.
Henry Patrick, letter to, 154.
Hogendorp, letters to, 261, 342.
Hopkinson F. letters to, 323, 390.
Humphreys Colonel, letters to, 370, 449.

I.

Instructions to the first Virginia delegation in the Congress of

1774. See Virginia.
Izard R. letter to, 324.

J.

Jay John, letters to, 228, 254, 275, 291,296, 334, 338, 378, 447.
Jones Captain John Paul, letters to, 267, 272, 283, 295.

L.

Langdon John, letter to, 312.

Leslie General, letter from, to Lord Cornwallis, 461.

465

M.

Madison James, letters to, 290, 315, 441.

Madison James, of William and Mary College, letter to, 328.

Mathews Colonel, letter to, 168.

Memoir of the author, 1 ; note of his public acts, 142.

Meusnier Monsieur de, answers to questions by ; and observations

to, on articles of the treaty with Prussia, see Encyclopedic

Methodique.
Money Unit, Notes on the establishment of a, see Unit of Money.
Monroe Colonel, letters to, 233, 244, 293.
Morocco, heads for a letter to the E^mperor of, 304.

O. ■ .

O'Bryan Richard, letters to, 326, 353.
Osgood Samuel, letter to, 332.

(

P.

Page John, letters to, 162, 288.
Price Doctor, letter to, 268.

'r.

Randolph John, letters to, 150, 152.
Randolph Edmund, letter to, 317.
Reyneval Monsieur de, letter to, 446.
Rittenhouse Mr. letter to, 431.^

Saunderson John, letter to, 91.

Seward W. W. letter to, 354.

Small Dr. William, letter to, 149.

Sprowle Mrs. letters to, 244, 271.'

Stevens General Edward, letters to, 176, 180, 181.

Stewart A. letter to, 432.

Styles Dr. letter to, 257.

T.

Thomson Charles, letter to, 240.

Treasury, letter to the commissioners of the, 434.

U.

Unit of Money, Notes on the establishment of a, 133.

VOL. I.

69

:

466

V.

Van Stapliorst Messrs. N. and J. letters to, 262, 340, 348.

Ver^ennes Count de, letters to, 278, 337, 355, 364, <i73, 445.

Virginia, instructions to the first delegation of, in the Congress of
1774, 100, 116; letters to the delegates of, in Congress, 205,
220, 253; letters to the Governor of, 232, 249; resolutions of
the CouncU of, 455, 458, 459.

W.

Washington General, letters to, 163, 164, 165, 166, 167, 170,
172, 173, 174, 176, 179, 183, 184, 191, 192, 194, 196, 197,
198, 200, 207, 208, 210, 211, 218, 219, 222, 223, 248, 393;
letters from, 144, 145.

Wells Samuel A. letter to, 94.

Wythe George, letter to, 119; Notes for the biography of, 92.

J48.
3, 445.
ingress of
ress,205,
)lutloAs of

67, 170,
196, 197,
48, 393;

f, 92.

«^